California Rule of Court 3.1113: Page Limits, Contents, and Consequences

California Rule of Court 3.1113 governs the memorandum of points and authorities that must accompany almost every motion filed in California Superior Court. The rule spells out what the memorandum must contain, how long it can be, how you must cite evidence and authority, and when you need a table of contents, a table of authorities, or a summary of argument. Miss its requirements and the court can treat your motion as conceded and deny it without reaching the merits.¹

When You Need a Memorandum

Assume every motion needs one. If you file a motion without a supporting memorandum, the court may construe the omission as an admission that the motion lacks merit and deny it on that basis alone. For a demurrer, the omission also waives every ground you failed to support.¹

Rule 3.1114 lists the narrow exceptions. Motions and petitions filed on Judicial Council forms that do not require a memorandum include applications to extend time to serve a pleading, motions to be relieved as counsel, small claims motions, name or gender change petitions, petitions for restraining orders involving harassment or workplace violence, and petitions to approve the compromise of a minor’s claim, among others.² If your motion is not on that list, you need a memorandum.

What the Memorandum Must Contain

The rule requires five things: a statement of facts, a concise statement of the law, the evidence you rely on, your arguments, and a discussion of the statutes, cases, and legal texts that support your position.¹ The last piece is where many filings fail. Naming a case and asserting it helps you is not enough. You need to show the court how the authority applies to your facts.

To the extent practicable, attach the supporting memorandum and declarations to the notice of motion itself, so the judge receives one self-contained package.¹

Citing Evidence

When you reference an exhibit or declaration, identify it by number or letter, point the court to the specific page, and include the paragraph or line number when applicable.¹ A bare “see Exhibit B” makes the judge hunt for the passage.

Citing Cases

Every case citation must include the official report volume, the page number, and the year of decision. The court cannot require any other form of citation.¹ You may format citations under either the California Style Manual or The Bluebook, but you must use the same style throughout the document.³

Non-California and Unpublished Authorities

If you cite anything other than California cases, California statutes, constitutional provisions, or state or local rules, the judge may require you to lodge a copy along with your papers. If another party asks for a copy of a non-California authority you cited, provide it promptly.¹ Lodged authorities in paper form need labeled tabs between each one; electronic lodgings need bookmarks.

Unpublished California appellate opinions have a stricter restriction under Rule 8.1115. Generally, you cannot cite or rely on an unpublished opinion of the Court of Appeal or a superior court appellate division. Two narrow exceptions apply: when the opinion is relevant under the doctrines of law of the case, res judicata, or collateral estoppel, or when it states reasons for a decision affecting the same defendant in another criminal or disciplinary action.⁴ If you cite one under an exception, you must furnish a copy to the court or any party that requests it.

Page Limits

For most motions, an opening or responding memorandum cannot exceed 15 pages, and a reply or closing memorandum caps at 10 pages. Summary judgment and summary adjudication motions get more room: 20 pages for the opening or responding memorandum, with the 10-page reply limit still in force.¹

The following do not count toward the page limit:

The caption page
The notice of motion and motion
Exhibits
Declarations
Attachments
The table of contents
The table of authorities
The proof of service

The rule lists “attachments” separately from exhibits and declarations, so all three categories are excluded.¹

Asking for a Longer Memorandum

If your argument genuinely will not fit, you can apply for leave to file a longer memorandum. The application must be made ex parte, with written notice to all other parties at least 24 hours before the memorandum is due, and it must explain why the argument cannot be made within the standard limit.¹ Courts grant these sparingly.

Tables and Summary of Argument

Once your memorandum crosses 10 pages, you must include a table of contents and a table of authorities at the front. At 15 pages, you must also add an opening summary of argument.¹ Because these thresholds use the same page count as the limits above, caption pages, exhibits, declarations, and other excluded material do not trigger them.

The table of authorities should list every case, statute, and other source cited, with the pages where each appears. The table of contents should mirror the headings and subheadings in the body.

Formatting and E-Filing Points That Intersect With 3.1113

Rule 3.1113 itself does not set font size or line spacing. Those come from Title 2. Rule 2.108 requires lines to be one-and-a-half spaced or double-spaced, with footnotes, quotations, and printed forms allowed to be single-spaced, and lines must be consecutively numbered at the left margin, starting with 1 on each page, at a minimum of three per vertical inch.⁵ Rule 2.104 sets the minimum font at 12-point type. The first page must identify the hearing date, time, location, and judge (if known), the nature of attached documents, the filing date of the action, and any trial date already set.⁶

Most Superior Courts now require electronic filing in civil cases by local rule, though self-represented parties are generally exempt from mandatory e-filing.⁷ Electronic filings must be text-searchable when technologically feasible and must preserve text, formatting, and appearance when printed.⁸ Electronic exhibits, unless filed by a self-represented party, must include bookmarks linking to the first page of each exhibit, with titles identifying the exhibit number or letter and briefly describing it.⁶

What Happens If You Don’t Comply

Consequences range from inconvenient to case-altering.

Skip the memorandum entirely and the court can treat the omission as a concession that the motion lacks merit and deny it. On a demurrer, the omission also waives every ground you did not brief.¹

File a memorandum that exceeds the page limits and it must be filed and treated the same as a late-filed paper.¹ Under the late-filing rules, the clerk will still accept it, but the court has discretion to refuse to consider it. The overlength brief goes into the record; the judge can ignore everything in it. If the court does refuse to consider a late-filed paper, the minutes or order must say so, which at least gives you a clear record for appeal.

1
Judicial Branch of California. California Rules of Court 3.1113 – Memorandum
2
Judicial Branch of California. California Rules of Court 3.1114 – Applications, Motions, and Petitions Not Requiring a Memorandum
3
Judicial Branch of California. California Rules of Court 1.200 – Format of Citations
4
Judicial Branch of California. California Rules of Court 8.1115 – Citation of Opinions
5
Judicial Branch of California. California Rules of Court 2.108 – Spacing and Numbering of Lines
6
Judicial Branch of California. California Rules of Court 3.1110 – General Format
7
California Legislative Information. California Code of Civil Procedure 1010.6
8
Judicial Branch of California. California Rules of Court 2.256 – Responsibilities of Electronic Filer