Instructions: Opposition to Motion - General
o Write the facts. In the Declaration, write each fact the Court needs to know to decide the
Motion. If a person other than you has personal knowledge of the facts, they may also submit a
Declaration. They can use a copy of the same Declaration template.
o Add exhibits as evidence. If you want to attach a document to your Declaration as evidence,
say what the document is, how you got it and when. You may want to use this format:
“Attached as Exhibit A is a true and correct copy of an email I received from Plaintiff on June
5, 2017.” Mark each exhibit with a letter or number. Many judges require parties to also tab the
exhibit with the letter on the side.
o Review, number the pages and sign. Read the Declaration to make sure it is clear, correct,
and complete. Fill in the page numbers, sign and date.
Complete the Memorandum. In the Memorandum, argue why the Motion should be denied. Most
Memoranda cannot be longer than 15 pages.
o Write the facts (again). Repeat each fact stated in the Declaration(s). At the end of each
sentence, say where in the Declaration the Court can find evidence supporting the facts stated.
You may want to use these formats:
“On June 4, 2017, I called Defendant. (Plaintiff Declaration, paragraph 4.)”
“Plaintiff emailed me on June 5, 2017. (Defendant Declaration, paragraph 5 and
o Respond to each argument. A party usually makes several points in the “Argument” or
“Discussion” section of its Motion. You should respond to each point. When you mention
facts, say where in the Declaration the Court can find the supporting evidence, just as you did in
the Fact section. If you have questions about any argument, contact the Legal Help Center (see
o Review, number the pages and sign Read the Memorandum to make sure it is clear, correct,
and complete. Fill in the page numbers, sign and date. If the Memorandum is longer than 10
pages (excluding the title page), you must add a table of contents and a table of cases and
statutes. Insert these after the title page.
Prepare the Certificate of Service. Each document that you file must be “served” on each other
party, usually by sending it in the mail. Follow the instructions on the Certificate of Service.
Do not respond to the Reply brief. The party who filed the Motion may file a Reply brief in
response to your Opposition. But in general your Opposition is the only brief you file. If there is new
information in the Reply brief that you want to address, contact a Legal Help Center for advice.
Mark your calendar. Put the hearing date on your calendar, and be sure to show up at Court. You
must follow whatever decision is made at or after the hearing and any instructions from the Court.
FILING AND SERVING YOUR OPPOSITION PAPERS
1. Make copies. Once the documents are complete, make three copies of each. On one copy of the
documents, write “Chambers” on the top in pen. (If there is more than one plaintiff or defendant,
you will also need one copy for each of them.)
2. File the Opposition papers. Deliver or mail the original plus two copies of the documents to the
Clerk’s Office at the courthouse where the Judge for your case is located. The Clerk will take the
original and one copy. The other copy is for you to keep after it is stamped by the Clerk. If you
file by mail, include a self-addressed, stamped envelope so that the Clerk can send a copy back to