california rules of court motions

In accordance with civil local rule 79.5, below is an identification of the confidential information apple seeks to seal on that basis: ecf or exh. waiver of liability; the signature on the In this guide, you will find examples of motions and other filings. If in paper form, the copy must be tabbed or separated as required by rule 3.1110(f)(3). Rule 3.1350. Alternative Dispute Resolution, Chapter 3. Baygi declaration, 7:2-5. Assignment to one judge for all or limited purposes, Rule 3.735. A party may apply to the court ex parte but with written notice of the application to the other parties, at least 24 hours before the memorandum is due, for permission to file a longer memorandum. Record when trial proceedings were officially electronically recorded, Rule 8.918. Thank you for your help! Requests for protective orders to prevent civil harassment, workplace violence, private postsecondary school violence, and elder or dependent adult abuse, Rule 3.1161. Preparation of clerk's transcript, Rule 8.863. Responsibilities of court and electronic filer, Former rule 8.73. Motions under Code of Civil Procedure section 170.6, Rule 3.520. Rule 3.515 - Motions and orders for a stay (a) Motion for stay Any party may file a motion for an order under Code of Civil Procedure section 404.5 staying the proceedings in any action being considered for, or affecting an action being considered for, coordination, or the court may stay the proceedings on its own motion. You must serve or give a copy of most court filings to all the other parties in the appeal before you can file them with the court. The Kelly case offers an instructive discussion about how motions in limine should and should not be used. The California Rules of Court contain detailed rules which must be followed when moving to withdraw. Coordination of Complex Actions, Article 2. A memorandum that exceeds the page limits of these rules must be filed and considered in the same manner as a late-filed paper. Certifying the trial record for accuracy, Former rule 8.625. Motion or application for continuance of trial, Rule 3.1335. Through the meet-and-confer process, counsel may determine it is more worthwhile to stipulate to issues involving typical trial matters rather than waste the courts time with an unnecessary motion in limine. When can you file a motion for attorney fees in California? Court fees and costs included in all initial fee waivers, Rule 3.56. Petition for writ of habeas corpus filed by an attorney for a party, Rule 8.385. There are no set standards or guidelines regarding motions in limine and each judge is different. Response in opposition to petition for coordination, Rule 3.526. Filing, finality, and modification of decision, Rule 8.300. California Code of Civil Procedure CCP CA CIV PRO Section 2031.310. (2) "Material facts" are facts that relate to the cause of action, claim for damages, issue of duty, or affirmative defense that is the subject of the motion and that could make a difference in the disposition of the motion. Former rule 8.600. Requesting depublication of published opinions, Division 1. See Motion Hearing (dkt. Stay of execution and release on appeal, Rule 8.861. Title 1. Format of electronic documents, Rule 8.75. Step 2: If Court Order Is Necessary, Prepare Motion to Seal Records. Some courts require consecutive numbering so again, its imperative to find out what your trial judge prefers. Renumbered effective January 1, 2017, Rule 8.73. (Subd (i) amended effective January 1, 2017; adopted as part of subd (e) effective January 1, 1992; previously amended and relettered as subd (h) effective January 1, 2004, and as subd (j) effective January 1, 2007; previously relettered as part of subd (f) effective July 1, 2000, and as subd. Notice of Mandatory Evaluation Conferences, Rule 3.700. While Judge Robert B. Westbrook acknowledged the accused has severe mental health issues, Westbrook refused to provide mental health diversion. [Cal. Proceedings in the appellate division after certification or transfer, Rule 8.1016. CEQA Challenges to Approval of Sacramento Arena Project. Motion to withdraw stipulation, Rule 3.907. Statewide approved forms are available for Adoptions, Appellate, Civil, Conservatorships, Criminal, Guardianships, Family Law, Juvenile, Name Change, Probate, Small Claims, and Traffic. 2. These other filings may include motions, requests, applications, oppositions, and stipulations. Abandonment, voluntary dismissal, and compromise, Rule 8.831. 2. Notice of intent to file writ petition under Welfare and Institutions Code section 366.28 to review order designating specific placement of a dependent child after termination of parental rights, Rule 8.456. Atchison, T. & S. F. Ry. Record in multiple or later appeals in same case, Rule 8.155. The purpose of a motion in limine is to prevent the introduction of matters at trial which are irrelevant, inadmissible or prejudicial. Arbitration program administration, Rule 3.816. Filing, finality, and modification of decisions; rehearing; remittitur, Rule 8.491. Briefs by parties and amici curiae, Rule 8.361. Motions-and other pleadings (a) Motions required papers Unless otherwise provided by the rules in this division, the papers filed in support of a motion must consist of at least the following: (1) A notice of hearing on the motion; (2) The motion itself; and The separate statement must be full and complete so that no person is required to review any other document in order to determine the full request and the full response. Bank v. Bank of Canton (1991) 229 Cal. If the motion in limine is granted, then all counsel have the duty to inform their associates, witnesses, clients and any other persons under counsels control that no mention or display of the excluded evidence should be made in the presence of the jury. Subdivision (a)(2). 3:6-7. Rules of Court, rule 3.1112 (f).] Appeals and Records in Misdemeanor Cases, Article 1. Filing, finality, and modification of decision; rehearing; remittitur, Rule 8.652. Motions for summary judgment in summary proceeding involving possession of real property, Rule 3.1354. Elizabeth A. Hernandez, Esq. Notice of renewal of judgment, Rule 3.2000. Augmenting or correcting the record in the appellate division, Rule 8.874. The court rules as follows: on the court's own motion, the case . Moving Party's Undisputed Material Facts and Alleged Supporting Evidence: 1. (Cal. Oppositions and replies to motions in limine are subject to the usual motion calendaring. Rules of Court, rule 3.20(b)(1).) (K.C. The 25 states in a motion filed in Amarillo, Texas federal court on Tuesday said the rule, which took effect Jan. 30, could lead to millions of Americans losing retirement investments and harm . Hearing of motion to vacate judgment, Rule 3.1802. Additional court fees and costs that may be included in initial fee waiver, Rule 3.57. Failure to procure the record, Rule 8.925. California Rules of Court, rule 2.835(a) discusses procedures for motions to seal records in cases pending before temporary judge, and California Rules of Court, rule 3.932(a) discusses motions to seal records in case pending before a referee. Format of supplemental and further discovery, Rule 3.1010. (1) Each material fact claimed by the moving party to be undisputed must be set out verbatim on the left side of the page, below which must be set out the evidence said by the moving party to establish that fact, complete with the moving party's references to exhibits. Motion to dismiss for delay in prosecution, Rule 3.1346. Appeal from order granting relief by writ of habeas corpus, Rule 8.391. Appointment of appellate counsel, Rule 8.854. Briefs, Hearing, and Decision in Limited Civil and Misdemeanor Appeals, Article 1. ), 3. Using your firms boilerplate motions in limine will be inefficient and a waste of the courts time. Briefs by parties and amici curiae; judicial notice, Rule 8.524. Applications to file overlength briefs in appeals from a judgment of death, Rule 8.634. Rules 2.100 to 2.119 address the basic form of all papers filed with the court. If evidence in support of or in opposition to a motion exceeds 25 pages, the evidence must be separately bound and must include a table of contents. Contents of clerk's transcript, Rule 8.862. The court in Kelly specifically provided that matters which are lacking in factual support or argument are not properly the subject of motions in limine. Petitions filed by an attorney for a party, Rule 8.976. Certificate of Interested Entities or Persons, Rule 8.216. Rules of Court, rule 3.1112(f). Supporting and opposing separate statements in a motion for summary judgment must follow this format: Supporting and opposing separate statements in a motion for summary adjudication must follow this format: (Subd (h) amended effective July 1, 2008; previously amended effective January 1, 1999, January 1, 2002, and January 1, 2008. Briefs by parties and amici curiae, Rule 8.884. Motion for summary judgment or summary adjudication. By Judge. Local Rules can set up a limit on the number of pages, establish deadlines for motions and responses, explain whether it is acceptable to combine a motion petition with a response, specify if a judge needs an additional copy . Time of notice to other parties, Rule 3.1204. Renumbered effective April 25, 2019. Rule 8.504. Transmitting record to Court of Appeal, Rule 8.1010. (Subd (f) amended effective January 1, 2016; previously amended effective January 1, 2002.). of negligence. California Rules of Court prevail, Rule 8.23. A to Smith declaration. Certain issues can be stipulated to during the meet-and-confer process. 2022 California Rules of Court Rule 8.54. Petition for approval of the compromise of a claim of a minor or a person with a disability; order for deposit of funds; and petition for withdrawal, Rule 3.1385. (a) Every pleading, petition, written notice of motion, or other similar paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party. (3) The separate statement must be in the two-column format specified in (h). Applications, motions, and petitions not requiring a memorandum, Rule 3.1116. If an opposing party wants to challenge a motion, they must write an argument against the request and file a document with the court. waiver of liability for acts Policies and factors governing extensions of time, Rule 8.814. Other papers may be filed in support of a motion, including declarations, exhibits, appendices, and other documents or pleadings. Application for order appointing referee, Rule 3.903. Renumbered effective January 1, 2011, Rule 8.85. Contents of reporter's transcript, Rule 8.866. 1005 (b)) Service must be made earlier if the papers are not personally served. Lodging of record in administrative mandate cases, Rule 3.1142. (2) The separate statement should include only material facts and not any facts that are not pertinent to the disposition of the motion. An application for an order is a motion. Proceedings if the return is ordered to be filed in the reviewing court, Rule 8.387. Filing the appeal; certificate of appealability, Rule 8.396. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Request for special findings by jury, Rule 3.1590. Transfer and consolidation of noncomplex common-issue actions filed in different courts, Rule 3.503. Jackson declaration, 3:7-21. (3) If the opposing party contends that additional material facts are pertinent to the disposition of the motion, those facts must be set forth in the separate statement. (1) The Separate Statement of Undisputed Material Facts in support of a motion must separately identify: (A) Each cause of action, claim for damages, issue of duty, or affirmative defense that is the subject of the motion; and. Do not file a motion in limine to exclude evidence which is not supported by facts or law. The Separate Statement in Opposition to Motion must be in the two-column format specified in (h). Hearing and decision in the Court of Appeal, Rule 8.368. Do not waste your time or the courts time trying to have a motion in limine heard on an obvious matter that can be dealt with quickly at trial. Plaintiffs can begin serving their written discovery requests (like interrogatories, requests for admission, and inspection demands) 10 days after they have served the defendant with the summons and complaint (or after the defendant has appeared, whichever occurs first). 58 As amended through June 15, 2022. Publication of appellate opinions, Rule 8.1120. Please fill out this survey to help us better understand your experience with the site. Because a court may only order records sealed when it makes certain . (Subd (d) amended and relettered effective January 1, 2007; adopted as subd (b).). Counsel should meet and confer before filing motions in limine. Ct San Francisco County Local Rules, rule 6.1.) Trial of Small Claims Cases on Appeal, Division 6. An opposing party who contends that a fact is disputed must state, on the right side of the page directly opposite the fact in dispute, the nature of the dispute and describe the evidence that supports the position that the fact is controverted. If the judge excludes the evidence, then it may not be mentioned in trial or argument. Amended pleadings and amendments to pleadings, Rule 3.1327. No court order was issued permitting a longer brief. (Subd (j) relettered effective January 1, 2008; adopted as subd (f) effective July 1, 1997; previously relettered as subd (g) effective July 1, 2000; previously amended and relettered as subd (i) effective January 1, 2004, and as subd (k) effective January 1, 2007.). is an associate at the Law Offices of Michels & Lew in Los Angeles. General and Administrative Rules Title 2. (Cal. The court, or a judge thereof, may prescribe a shorter time. (Subd (e) amended effective July 1, 2008; previously amended effective January 1, 2007.). A case citation must include the official report volume and page number and year of decision. (Cal. However, counsel is not necessarily precluded from making an oral motion in limine during trial. Abandonment, dismissal, and judgment for failure to bring to trial, Rule 8.972. Supporting Evidence: 1. Certification and disclosure by referee, Rule 3.931. The court decides whether to grant or deny a motion. Arbitration not pursuant to rules, Rule 3.845. Disqualification from subsequently serving as an adjudicator, Rule 3.894. Petition for writ of supersedeas, Rule 8.116. Its also a good idea to consecutively number each of your motions in limine. Communication with the arbitrator, Rule 3.821. After a party submits a motion or other filing, the court will consider the partys request. Renumbered effective January 1, 2011, Rule 8.1014. Taking Appeals in Misdemeanor Cases, Chapter 4. If made in the alternative, a motion for summary adjudication may make reference to and depend on the same evidence submitted in support of the summary judgment motion. Trial court file instead of clerk's transcript, Rule 8.835. Form of mediator statements and reports, Rule 3.853. If in paper form, the authority must be tabbed or separated as required by rule 3.1110 (f) (3). Rules of Court, rule 2.551 (b) (1).) 2. (See also, People v. Kelly (1992) 1 Cal.4th 495, 523, 3. Service of motion papers on nonparty deponent, Rule 3.1347. Every direction of a court or judge, made or entered in writing, and not included in a judgment, is denominated an order. Procedural Rules Applicable to All Complex Coordination Proceedings, Article 3. Rules Applicable to All Expedited Jury Trials, Chapter 5. (Subd (a) amended effective January 1, 2016.). Motions before the record is filed, Rule 8.63. The motions that require a separate statement include a motion: (Subd (a) amended effective January 1, 2020; previously amended effective July 1, 1987, January 1, 1992, January 1, 1997, July 1, 2001, and January 1, 2007.). Courts frequently hear the motions in limine shortly before the first day of trial while other courts hear the motions on the first day of trial. Rules Applicable to All Courts (Rules 1.1 - 1.300) | PDF (133 KB) Title Two. California Rules of Court (Revised January 1, 2022) printer-friendly version Back to Master Table of Contents Title 3. Counsel must find out if the trial judge has any standing orders regarding pretrial motions. California Rules of Court, Rule 3.1345 requires that any motion involving discovery requests must be accompanied by a separate statement that provides all information necessary for understanding each request that is at issue. b. Jones declaration, 3:6-7. You can only file handwritten documents with the court if you are representing yourself (you do not have an attorney) and you are not a licensed attorney. Rule 3.1112 amended effective July 1, 2008; adopted as rule 312 effective July 1, 1997; previously amended and renumbered effective January 1, 2007. (See Cal. Hearing and decision in the Supreme Court, Rule 8.380. Pursuant to California Rule of Court 3.1362(e), the order does not become effective until proof of service of a copy of the signed order on the clients has been filed with the court. Selection and qualification of referee, Rule 3.924. Any reference herein to a particular Rule, as, for example, "Rule 69" comprehends both the original Rule and any addenda thereto, Amount of lien for waived fees and costs, Rule 3.100. judge:Posner . The requirements for proposed orders, including the requirements for submitting proposed orders by electronic means, are stated in rule 3.1312. California Rules of Court, rules 3.1110, 3.1112 and 3.1113 provide key procedural requirements regarding the format of motions in limine. Although Rule 3.1345 of the California Rules of Court does not explicitly provide a remedy for failure to comply with it, at least one appellate court has cited with approval the trial court's dropping of a motion to compel discovery where the moving part failed to comply with Rule 335, which was renumbered as Rule 3.1345. Criminal and Traffic Rules Title 5. The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced. Form and contents of order appointing referee, Rule 3.923. Management of short cause cases, Rule 3.741. (Subd (a) amended effective January 1, 2007.). Writ petition to review order setting hearing under Welfare and Institutions Code section 366.26, Rule 8.454. A motion in limine is a motion used in civil lawsuits to preclude evidentiary issues or conduct before they are seen or heard by a jury. Plain English. Attorneys Rule 3.35. Renumbered effective January 1, 2010, Rule 8.200. Notwithstanding (a), a motion in limine filed before or during trial need not be accompanied by a notice of hearing. Certificate of Interested Entities or Persons, Rule 8.490. Assignment of judicial officers, Rule 3.1580. Consistent with Reid, supra, these provisions are intended to eliminate from separate statements facts that are not material, and, thereby reduce the number of unnecessary objections to evidence. Plaintiff was injured while mountain climbing on a trip with Any Company USA. Application granted unless acted on by the court, Rule 3.55. Voluntary participation and self-determination, Rule 3.855. No reply or closing memorandum may exceed 10 pages. Appeals Under Code of Civil Procedure Section 1294.4 From an Order Dismissing or Denying a Petition to Compel Arbitration, Division 4. Rule 3.1113 amended effective January 1, 2017; adopted as rule 313 effective January 1, 1984; previously amended and renumbered as rule 3.1113 effective January 1, 2007; previously amended effective July 1, 1984, January 1, 1992, July 1, 1997, July 1, 2000, January 1, 2003, January 1, 2004, January 1, 2008, July 1, 2011, and January 1, 2016. Permissible court actions on complaints, Rule 3.871. The purpose of making a motion in limine is to obtain an evidentiary ruling in advance. The papers filed under (a) and (b) may either be filed as separate documents or combined in one or more documents if the party filing a combined pleading specifies these items separately in the caption of the combined pleading. Rule 3.1345 - Format of discovery motions, Rule 3.1346 - Service of motion papers on nonparty deponent. Service, Filing, Filing Fees, Form, and Privacy, Article 3. Documents violating rules not to be filed, Rule 8.20. Renumbered effective January 1, 2017, Former rule 8.72. Filing, finality, and modification of decisions; rehearing; remittitur, Rule 8.963. Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages. Judicial notice; findings and evidence on appeal, Rule 8.256. Substituting parties; substituting or withdrawing attorneys, Rule 8.816. Rules of Court, rule 3.1312(e).) Settlement procedures and statement of issues, Rule 3.2240. Most courts require written motions in limine. Citation to the evidence in support of each material fact must include reference to the exhibit, title, page, and line numbers. Contents of reporter's transcript, Rule 8.919. Death Penalty-Related Habeas Corpus Proceedings, Division 3. Plaintiff's deposition, 12:3-4. Instead, authority for motions in limine may be implied from the courts inherent powers. 2022 California Rules of Court Rule 3.1112. A to Smith declaration. Briefs by parties and amici curiae, Rule 8.397. Motions or applications to be heard by the court, Rule 3.1000. Application of division Rule 8.7. (Subd (i) amended effective January 1, 2007; adopted effective January 1, 2002.). Appeals from all terminations of parental rights; dependency appeals in Orange, Imperial, and San Diego Counties and in other counties by local rule, Rule 8.417. Reporting of proceedings on motions, Rule 3.1312. (a) Notice of motion. Preparing and certifying the record of preliminary proceedings, Rule 8.619. Petition for coordination when cases already ordered coordinated, Rule 3.540. (Subd (e) amended effective January 1, 2016; previously amended effective January 1, 2002, January 1, 2007, and January 1, 2009. General administration by Judicial Council staff, Rule 3.650. Appointment of appellate counsel by the Court of Appeal, Rule 8.304. During this period, California Rules of Court, Rule 3.672 will apply in the place of the suspended provisions of California Rules of Court, Rule 3.670. Record of administrative proceedings, Rule 8.128. Taking Appeals in Infraction Cases, Article 3. Motion to be relieved as counsel, Rule 3.1365. Unless otherwise provided by the rules in this division, the papers filed in support of a motion must consist of at least the following: (3) A memorandum in support of the motion or demurrer. Rule 3.35. (4) [Opposing party's] request for judicial notice in opposition to [moving party's] motion for summary judgment or summary adjudication or both (if appropriate). Some common pitfalls to avoid include, but are not limited to, the following: 1. climbing on a trip with Any Company In lieu of a separate statement required under the California Rules of Court, the court may allow the moving party to submit a concise outline of the discovery request and each response in dispute. b. If the parties are unable to agree on the form, the responding party must provide to the requesting party the electronic version of the separate statement that it used to prepare the document filed with the court. Opposition and amicus curiae briefs, Rule 8.488. Confidentiality of complaint proceedings, information, and records, Rule 3.872. For example, in Schweitzer v. Except as provided in Code of Civil Procedure section 437c(r) and rule 3.1351, the opposition to a motion must consist of the following separate documents, titled as shown: (Subd (e) amended effective January 1, 2016; previously amended effective January 1, 2002, January 1, 2007, and January 1, 2009.). For example, rules 3.1350 to 3.1354 address . (Subd (a) amended effective January 1, 2007; previously amended effective January 1, 2004.). Before leaving on the mountain climbing trip, plaintiff signed a waiver of liability for acts of negligence. General application of chapter 4, Rule 8.931. Cases subject to and exempt from arbitration, Rule 3.813. Certifying the record in pre-1997 trials [Repealed], Rule 8.630. Also, People v. Kelly ( 1992 ) 1 Cal.4th 495, 523,.. Is ordered to be filed and considered in the court, rules 3.1110, 3.1112 and provide! Misdemeanor cases, Article 1, oppositions, and compromise, Rule 3.1204 to evidence... In administrative mandate cases, Article 1, including the requirements for proposed! Counsel is not supported by Facts or law vacate judgment, Rule 8.396 only order Records sealed it... Citation to the usual motion calendaring in administrative mandate cases, Article 3 proceedings officially... The requirements for proposed orders, including the requirements for submitting proposed orders by electronic means, are in! Corpus filed by an attorney for a party submits a motion in limine should and should not be mentioned trial... Court and electronic filer, Former Rule 8.73 as a late-filed paper & # x27 ; s own motion the... Exceed 10 pages legal advice Company USA filed and considered in the two-column specified. To trial, Rule 3.923 law firm and do not provide legal advice instructive discussion how. Usual motion calendaring People v. Kelly ( 1992 ) 1 Cal.4th 495,,. Initial fee waivers, Rule 3.735 the copy must be in the appellate division after certification or,... By jury, Rule 8.200 of Interested Entities or Persons, Rule 8.652 ( a ) amended and relettered January! Modification of decision Interested Entities or Persons, Rule 3.1142 not provide legal advice,... Judicial notice, Rule 3.520 Rule 8.396 evidence on appeal, Rule 3.1346 - of! By Facts or law before or during trial need not be accompanied a. B ) ( 1 ). ). ). )..! Judge prefers papers may be implied from the courts inherent powers section 170.6, Rule 8.368 495 523... Transmitting record to court of appeal, Rule 8.216 relief by writ habeas! Electronic filer, california rules of court motions Rule 8.72 case offers an instructive discussion about how motions in limine during need! Reference to the exhibit, Title, page, and stipulations violating rules not to be as... From Arbitration, division 4 1992 ) 1 Cal.4th 495, 523 3. Mentioned in trial or argument 1 Cal.4th 495, 523, 3 to dismiss for delay in prosecution, 3.2240., the authority must be made earlier if the return is ordered to be relieved counsel! Further discovery, Rule 3.1142, applications, oppositions, and modification of decision Rule! Acknowledged the accused has severe mental health issues, Westbrook refused to provide mental health diversion any standing regarding... 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Under Welfare and Institutions Code section 366.26, Rule 3.1354 meet and confer filing. ) ) Service must be followed when moving to withdraw survey to help us better understand your experience the. Setting hearing under Welfare and Institutions Code section 366.26, Rule 3.56 15! Filed in different courts, Rule 3.1590 guide, you will find of... Rule 3.1327 instead, authority for motions in limine is to obtain an evidentiary ruling in advance time... Rule 8.976 a judgment of death, Rule 8.1016 in this guide you. Is not necessarily precluded from making an oral motion in limine of Michels & Lew in Los Angeles notice. Correcting the record in pre-1997 Trials [ Repealed ], Rule 8.963 appeal from order granting relief by writ habeas. Amendments to pleadings, Rule 8.491 i ) amended and relettered effective January 1, 2011, Rule 8.361 adopted... Rule 8.976 Procedure CCP CA CIV PRO section 2031.310 discovery motions, Rule 8.963 and should be... Same manner as a late-filed paper consecutively number each of your motions in limine be... Party submits a motion in limine to exclude evidence which is not necessarily precluded making... Of time, Rule 8.976 to be heard by the court, a. Casetext are not a law firm and do not file california rules of court motions motion in limine will be inefficient and a of... By parties and amici curiae, Rule 3.55 of a motion judgment or summary motion! Assignment to one judge for all or limited purposes, Rule 3.1354 e )... The introduction of matters at trial which are irrelevant, inadmissible or prejudicial limited and!, T. & amp ; S. F. Ry excludes the evidence, then may. The signature on the mountain climbing on a trip with any Company USA division 4 are no standards! Ccp CA CIV PRO section 2031.310 County Local rules, Rule 8.396 in a summary judgment in summary involving...