procedural guides

California Code of Civil Procedure 437c

The California code of civil procedure 437c concerns summary judgment adjudication in a court action, and is applicable to any party involved.  The code outlines the conditions under which a motion for summary judgment may be made: if the other party has not made an action in the court proceeding or if the action has been judged as having no merit.

The code dictates the window in which a party may make a motion for summary judgment, which is 60 days from the appearance of the action in court.  The code further states what conditions must be met for the motion to be legal and when notice must to be given to the other party.

The code includes the number of days the motioning party shall serve the opposition within, and the maximum days allowed for the hearing to take place.

The code further outlines what documentation and evidence the motion requires. For the party filing an opposition to the motion, the code dictates the number of days within which the opposition must be filed and what it shall consist of to be considered within the court, such as statements responding to material facts.

Further, the procedure code mandates how quickly any reply to an opposition must be made, how the motion shall be granted, and grounds for a motion to be denied.

California civil procedure code 437c is used by both civil and domestic courts, and is in effect until January 1, 2015, unless the date is extended by court action or otherwise amended.

Learn more about California Codes of Civil Procedure.