Code of Civil Procedure § 437c(b)(2) – Separate Statement Requirement for Summary Judgment
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Code of Civil Procedure § 437c(b)(2) – Separate Statement Requirement for Summary Judgment
Code of Civil Procedure – CCP
PART 2. OF CIVIL ACTIONS [307 – 1062.34]
( Part 2 enacted 1872. )TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 – 475]
( Title 6 enacted 1872. )CHAPTER 5. Summary Judgments and Motions for Judgment on the Pleadings [437c – 439]
( Heading of Chapter 5 amended by Stats. 1993, Ch. 456, Sec. 4. )California Law
437c(b)(2).
(2) An opposition to the motion shall be served and filed not less than 20 days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise. The opposition, where appropriate, shall consist of affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken.
California Law Summary
This subsection outlines the service deadline for supporting papers in a motion for summary judgment or summary adjudication. Specifically, it states that:
All supporting papers, including declarations and evidence, must be served on all other parties at least 75 days before the hearing on the motion,
The method of service may affect the timing:
If served by mail within California, 5 calendar days are added,
If served by express mail or overnight delivery, 2 court days are added,
If served electronically, 2 court days are added, unless otherwise agreed.
Purpose
To ensure that opposing parties have sufficient time to review and prepare a response to the moving party’s evidence and arguments in a motion for summary judgment or adjudication. This promotes due process and prevents unfair surprise or rushed opposition.
Application
This rule applies when a party files a motion for summary judgment or summary adjudication. The party must:
Serve all supporting papers at least 75 days before the hearing,
Adjust the timeline based on the method of service, as required by law.
Improper or late service of these documents may result in the motion being denied or continued, as procedural compliance is strictly enforced.
