Rule 8.808. Motions
Cal. Rules of Court, rule 8.808
Current text effective January 1, 2009.
#(a) Motion and opposition
#(1) Except as these rules provide otherwise, to make a motion in the appellate division a party must serve and file a written motion, stating the grounds and the relief requested and identifying any documents on which it is based.
#(2) A motion must be accompanied by a memorandum and, if it is based on matters outside the record, by declarations or other supporting evidence.
#(3) Any opposition to the motion must be served and filed within 15 days after the motion is filed.
#(b) Disposition
#(1) The court may rule on a motion at any time after an opposition or other response is filed or the time to oppose has expired.
#(2) On a party's request or its own motion, the appellate division may place a motion on calendar for a hearing. The clerk must promptly send each party a notice of the date and time of the hearing.
#History
Rule 8.808 adopted effective January 1, 2009.
What this rule requires
Filing Timing and Cure Windows
Any opposition to the motion must be served and filed within 15 days after the motion is filed.
The court may rule on a motion at any time after an opposition or other response is filed or the time to oppose has expired.
Service and Proof of Service Rules
Except as these rules provide otherwise, a party making a motion in the appellate division must serve the written motion.
The rule's wording
Except as these rules provide otherwise, to make a motion in the appellate division a party must serve and file a written motion, stating the grounds and the relief requested and identifying any documents on which it is based.
Any opposition to the motion must be served and filed within 15 days after the motion is filed.
Pre-Motion Conference Requirements
On a party's request or its own motion, the appellate division may place a motion on calendar for a hearing.
Document Filing Requirements
Except as these rules provide otherwise, to make a motion in the appellate division a party must serve and file a written motion, stating the grounds and the relief requested and identifying any documents on which it is based.
A motion must be accompanied by a memorandum and, if it is based on matters outside the record, by declarations or other supporting evidence.
The clerk must promptly send each party a notice of the date and time of the hearing.
Official text: courts.ca.gov , checked October 19, 2026.
#Advisory Committee Comment
Subdivision (a)(1). See rule 1.21 for the meaning of "serve and file," including the requirements for proof of service.
Subdivision (b). Although a party may request a hearing on a motion, a hearing will be held only if the court determines that one is needed.