This template illustrates the general structure and format of a memorandum of points and authorities submitted in support of a noticed motion in a civil action in California superior court. This general format also applies to a memorandum supporting an ex parte application or opposing a motion, and may be modified for use in those situations. This template includes practical guidance and drafting notes. A memorandum of points and authorities (often referred to as simply a supporting memorandum or brief) must be submitted in support of nearly all noticed pretrial civil motions and ex parte applications. See Cal. Rules of Ct., Rules 3.1100, 3.1103(a)(1), 3.1112(a)(3), 3.1113(a), 3.1114(a), 3.1201(4). A supporting memorandum must also be submitted in support of a demurrer. See Cal. Rules of Ct., Rules 3.1100, 3.1103(c), 3.1112(a)(3), 3.1113(a). The court may construe the absence of a memorandum as an admission that the motion or demurrer is not meritorious and cause for its denial and, in the case of a demurrer, as a waiver of all grounds not supported. Cal. Rules of Ct., Rule 3.1113(a). The rules do not specifically require the responding party to submit a memorandum, but an opposing memorandum is almost always essential to present the responding party's arguments to the court, unless the responding party does not oppose the motion. The purpose of the memorandum is to set forth the party's legal arguments and authority in support of or opposition to the motion. See Cal. Rules of Ct., Rule 3.1113(b). Note that, unless you obtain permission of the court to submit a longer memorandum, the length of the memorandum may not exceed: • 20 pages for an opening or responding memorandum for a summary judgment or summary adjudication motion • 15 pages for an opening or responding memorandum for any other motion • 10 pages for a reply or closing memorandum Cal. Rules of Ct., Rule 3.1113(d). To obtain permission to file a longer memorandum, you must file an ex parte application (but with written notice of the application to the other parties) at least 24 hours before the memorandum is due. The application must state reasons why the argument cannot be made within the stated page limit. Cal. Rules of Ct., Rule 3.1113(e). A memorandum must include the following elements: • A table of contents, if the memorandum exceeds 10 pages in length • A table of authorities, if the memorandum exceeds 10 pages in length • A statement of facts • An opening summary of argument, if the memorandum exceeds 15 pages in length • 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" Cal. Rules of Ct., Rule 3.1113(b), (f). This template is presented as a standalone document to accompany the motion and notice of motion or ex parte application (and any other accompanying papers, such as supporting affidavits or declarations) when filed and served. But the memorandum may be combined with some or all of the other moving papers in a single document if desired, and some attorneys prefer to do so. If the memorandum is combined with the other moving papers, the caption of the combined document must reflect that the memorandum is included. See Cal. Rules of Ct., Rule 3.1112(c). For a full listing of key content covering fundamental civil litigation tasks throughout a California state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (CA). For additional discussion of the memorandum requirement and other procedures relating to noticed motions, see Motion Practice: Drafting, Serving, and Filing Noticed Motions (CA). For discussion of procedures for ex parte applications for orders, see Motion Practice: Drafting and Filing Ex Parte Applications (CA). Additional information on drafting a memorandum of points and authorities may be found in 1 California Points and Authorities, Ch. 1, Writing Legal Memoranda and Briefs (Matthew Bender). For general format requirements applicable to all filed papers, see Formatting Rules in Court Checklist (CA). For procedures for filing and serving motions and other papers, see Filing and Serving Documents Other Than Initial Complaint and Summons (CA).