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A summary judgment or summary adjudication motion must contain a notice of motion, a separate statement of undisputed material facts in the rule's two-column format with citations to exhibit, title, page and line numbers, a memorandum, supporting evidence and any request for judicial notice; summary adjudication must state the specific cause of action, affirmative defense, damages claim or duty issue in the notice and repeat it verbatim in the separate statement; the opposition consists of a memorandum, a responsive separate statement stating 'disputed' or 'undisputed' for each fact with the evidence for any dispute and any additional material facts, opposing evidence and any request for judicial notice; evidence exceeding 25 pages must be separately bound with a table of contents; and on request a party must provide an electronic version of its separate statement within three days. The rule's format illustrations in subdivision (h) are on the official page.
California > Superior courts (summary judgment and summary adjudication)
(a) Definitions As used in this rule: (1) "Motion" refers to either a motion for summary judgment or a motion for summary adjudication. (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. … (b) Motion for summary adjudication 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. If summary adjudication is sought, whether separately or as an alternative to the motion for summary judgment, the specific cause of action, affirmative defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim, in the separate statement of undisputed material facts. … (c) Documents in support of motion Except as provided in Code of Civil Procedure section 437c(r) and rule 3.1351, the motion must contain and be supported by the following documents: (1) Notice of motion by [moving party] for summary judgment or summary adjudication or both; (2) Separate statement of undisputed material facts in support of [ moving party's ] motion for summary judgment or summary adjudication or both; (3) Memorandum in support of [ moving party's ] motion for summary judgment or summary adjudication or both; (4) Evidence in support of [ moving party's ] motion for summary judgment or summary adjudication or both; and (5) Request for judicial notice in support of [ moving party's ] motion for summary judgment or summary adjudication or both (if appropriate). … (d) Separate statement in support of motion (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 (B) Each supporting material fact claimed to be without dispute with respect to the cause of action, claim for damages, issue of duty, or affirmative defense that is the subject of the motion. (2) The separate statement should include only material facts and not any facts that are not pertinent to the disposition of the motion. (3) The separate statement must be in the two-column format specified in (h). The statement must state in numerical sequence the undisputed material facts in the first column followed by the evidence that establishes those undisputed facts in that same column. Citation to the evidence in support of each material fact must include reference to the exhibit, title, page, and line numbers. … (e) Documents in opposition to motion 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: (1) [ Opposing party's ] memorandum in opposition to [ moving party's ] motion for summary judgment or summary adjudication or both; (2) [ Opposing party's ] separate statement in opposition to [ moving party's ] motion for summary judgment or summary adjudication or both; (3) [ Opposing party's ] evidence in opposition to [ moving party's ] motion for summary judgment or summary adjudication or both (if appropriate); and (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). … (f) Content of separate statement in opposition to motion The Separate Statement in Opposition to Motion must be in the two-column format specified in (h). (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. (2) On the right side of the page, directly opposite the recitation of the moving party's statement of material facts and supporting evidence, the response must unequivocally state whether that fact is "disputed" or "undisputed." 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. Citation to the evidence in support of the position that a fact is controverted must include reference to the exhibit, title, page, and line numbers. (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. The separate statement should include only material facts and not any facts that are not pertinent to the disposition of the motion. Each fact must be followed by the evidence that establishes the fact. Citation to the evidence in support of each material fact must include reference to the exhibit, title, page, and line numbers. … (g) Documentary evidence 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. … (i) Request for electronic version of separate statement On request, a party must within three days provide to any other party or the court an electronic version of its separate statement. The electronic version may be provided in any form on which the parties agree. 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. Under this subdivision, a party is not required to create an electronic version or any new version of any document for the purpose of transmission to the requesting party.
3 verbatim requirements on motion calendar in JEREMY I. FRANKER's division.
4 verbatim requirements on motion calendar in STEPHANIE MATALON's division.