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The response may agree with or oppose the action requested. If the response opposes the action requested, it must contain the reasons for opposing the motion and must include supporting evidence. The Court will enter an order in which the judge either grants or denies the motion.
Related Content. A procedural device that enables defendants to try to dispose of some or all of a plaintiff's claims at the beginning of a case. Federal Rule of Civil Procedure (FRCP) 12Opens in a new window governs federal motions to dismiss.
Overview. If one party to a case has filed a motion with the court, the other side can file an ?opposition.? An ?opposition? is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. It is your opportunity to oppose the other side's request.
The memorandum generally must include a statement of facts, an introduction of evidence and arguments, a discussion of the relevant case law, statutes, or other secondary materials, a conclusion and signature block.
It must either be typed on pleading paper or written or typed on Judicial Council Form MC-030 which can be found at , present facts within your (or some other declarant's) personal knowledge and be signed by you (or the other declarant) under penalty of Page 3 3 | Page SDCPLL ...
If you fail to support your motion with a memorandum of points and authorities, the court could deny the motion because you have implicitly admitted there is no basis for it.