Rule 8.974. Opposition
Cal. Rules of Court, rule 8.974
Current text effective January 1, 2016.
#(a) Preliminary opposition
#(1) The respondent and real party in interest are not required to file any opposition to the petition unless asked to do so by the appellate division judge.
#(2) Within 10 days after the petition is filed, the respondent or any real party in interest may serve and file a preliminary opposition.
#(3) A preliminary opposition should contain any legal arguments the party wants to make as to why the appellate division judge should not issue a writ and a statement of any material facts not included in the petition.
#(4) Without requesting opposition, the appellate division judge may grant or deny a request for temporary stay, deny the petition, issue an alternative writ or order to show cause, or notify the parties that the judge is considering issuing a peremptory writ in the first instance.
#(b) Return or opposition; reply
#(1) If the appellate division judge issues an alternative writ or order to show cause, the respondent or any real party in interest, individually or jointly, may serve and file a return (which is a response to the petition) by demurrer, verified answer, or both. If the appellate division judge notifies the parties that he or she is considering issuing a peremptory writ in the first instance, the respondent or any real party in interest may serve and file an opposition.
#(2) Unless the appellate division judge orders otherwise, the return or opposition must be served and filed within 30 days after the appellate division judge issues the alternative writ or order to show cause or notifies the parties that it is considering issuing a peremptory writ in the first instance.
#(3) Unless the appellate division judge orders otherwise, the petitioner may serve and file a reply within 15 days after the return or opposition is filed.
#(4) If the return is by demurrer alone and the demurrer is not sustained, the appellate division judge may issue the peremptory writ without granting leave to answer.
#(c) Form of preliminary opposition, return, or opposition
Any preliminary opposition, return, or opposition must comply with rule 8.931(c). If it is filed by an attorney, it must also comply with rule 8.932(b)(3)-(7).
#History
Rule 8.974 adopted effective January 1, 2016.
What this rule requires
Filing Timing and Cure Windows
Within 10 days after the petition is filed, the respondent or any real party in interest may serve and file a preliminary opposition.
Unless the appellate division judge orders otherwise, a return or opposition must be served and filed within 30 days after the specified writ or notice event.
The rule's wording
Unless the appellate division judge orders otherwise, the return or opposition must be served and filed within 30 days after the appellate division judge issues the alternative writ or order to show cause or notifies the parties that it is considering issuing a peremptory writ in the first instance.
Unless the appellate division judge orders otherwise, the petitioner may serve and file a reply within 15 days after the return or opposition is filed.
Service and Proof of Service Rules
Within 10 days after the petition is filed, the respondent or any real party in interest may serve and file a preliminary opposition.
After an alternative writ or order to show cause, the respondent or any real party in interest may serve and file a return by demurrer, verified answer, or both; after notice that a peremptory writ is under consideration, they may serve and file an opposition.
The rule's wording
If the appellate division judge issues an alternative writ or order to show cause, the respondent or any real party in interest, individually or jointly, may serve and file a return (which is a response to the petition) by demurrer, verified answer, or both. If the appellate division judge notifies the parties that he or she is considering issuing a peremptory writ in the first instance, the respondent or any real party in interest may serve and file an opposition.
Unless the appellate division judge orders otherwise, the return or opposition must be served within 30 days after the specified writ or notice event.
The rule's wording
Unless the appellate division judge orders otherwise, the return or opposition must be served and filed within 30 days after the appellate division judge issues the alternative writ or order to show cause or notifies the parties that it is considering issuing a peremptory writ in the first instance.
Unless the appellate division judge orders otherwise, the petitioner may serve and file a reply within 15 days after the return or opposition is filed.
Document Format Requirements
After an alternative writ or order to show cause, a return may be made by demurrer, verified answer, or both; after notice that a peremptory writ is under consideration, an opposition may be served and filed.
The rule's wording
If the appellate division judge issues an alternative writ or order to show cause, the respondent or any real party in interest, individually or jointly, may serve and file a return (which is a response to the petition) by demurrer, verified answer, or both. If the appellate division judge notifies the parties that he or she is considering issuing a peremptory writ in the first instance, the respondent or any real party in interest may serve and file an opposition.
Any preliminary opposition, return, or opposition must comply with rule 8.931(c).
If it is filed by an attorney, it must also comply with rule 8.932(b)(3)-(7).
Document Filing Requirements
The respondent and real party in interest are not required to file any opposition to the petition unless asked to do so by the appellate division judge.
A preliminary opposition should contain any legal arguments the party wants to make as to why the appellate division judge should not issue a writ and a statement of any material facts not included in the petition.
Official text: courts.ca.gov , checked October 19, 2026.