5-1. How do I file or oppose a motion?

A. Motions in the Court of Appeal must be in writing and must state the grounds and relief requested. (Rule 8.54.) File an original and three copies of any motion with the clerk's office. The Court of Appeal accepts only original signatures on motions, declarations and other documents.

B. There are no filing fees for filing motions or oppositions in the court on pending appeals or writs.

C. Any opposition must be served and filed within 15 days after the motion is filed. To expedite the processing of an unopposed motion, the moving party should file a stipulation of nonopposition. If there is no such stipulation of nonopposition, the clerk's office will hold the motion for 15 days, or until opposition is filed.

D. You may overnight motions and oppositions by a company guaranteeing overnight delivery, but the documents will be deemed to be filed on the date the clerk's office receives it. The special provisions in Rule 8.25(b) for overnight delivery apply only to briefs, not motions.

E. Motions in writ proceedings are not generally held for opposition absent a request by the parties.

F. The court does not conduct oral arguments on motions except by court order.