Rule 35.Family Law Motion Practice
Part II. Pleadings and Motions · Last amended January 1, 2019 · Last verified September 4, 2026
Full Text of Rule 35
Rule History
Added Aug. 30, 2018, effective Jan. 1, 2019.
Plain-English Summary
Rule 35 is the general motion rule. Where another rule provides its own procedure, that one controls; otherwise this is the one.
Form and length
A motion must state with particularity the grounds and the relief sought, and unless the court orders otherwise must not exceed 17 pages, not counting attachments. A response may not exceed 17 pages; a reply may not exceed 11.
The briefing clock
A response is due within 10 days after service of the motion. A reply is due within 5 days after service of the response, and may address only matters raised in the response. A party may not respond to a reply unless the court authorizes it. Affidavits and other evidence supporting a motion, response or reply must be filed at the same time as the document they support.
Noting service
The date and manner of service must be noted on every motion, response and reply. If the manner is not noted, service is presumed to have been by mail, and Rule 4(c)'s mailing allowance applies -- which quietly extends the responding party's time. The presumption favors the recipient, not the filer who left it out.
Summary disposition
The court may summarily grant or deny a motion if a motion or response does not substantially comply with section (a), if no response is filed, or if a party fails to appear at the time set for oral argument. Nothing requires the court to reach the merits in those cases.
Oral argument, and agreed extensions
Any party may request oral argument and the court may order it, limit its length, or decide the motion without it even if requested. Parties may agree to extend response and reply dates subject to the court's approval, by filing a notice that states the agreed schedule and identifies in its title how many extensions have been agreed -- for example, a notice of first agreed extension. An agreed extension is not effective without prior court approval if briefing would conclude fewer than 5 days before a previously set hearing, or if the notice tries to extend a deadline that has already passed.
Frequently Asked Questions
How long can a family law motion be?
Rule 35(a)(2) limits a motion to 17 pages, not including attachments, unless the court orders otherwise. A response is also capped at 17 pages and a reply at 11.
When is a response to a motion due?
Within 10 days after service of the motion, under Rule 35(a)(3). A reply is due within 5 days after service of the response.
Can I file a surreply?
Not without permission. Rule 35(a)(3) says a party may not respond to a reply unless authorized by the court, and limits the reply itself to matters raised in the response.
What happens if I do not respond to a motion?
Rule 35(b) allows the court to summarily grant or deny a motion where no response is filed, where a motion or response does not substantially comply with section (a), or where a party fails to appear at the time set for oral argument.
What if I forget to note how I served a motion?
Rule 35(a)(6) presumes service was by mail, and Rule 4(c) then applies. That adds time to the other party's response period.
Can the parties agree to extend the briefing schedule?
Yes, subject to court approval. Rule 35(d) requires a notice stating the agreed schedule whose title identifies the number of extensions agreed. It is not effective without prior approval if briefing would end fewer than 5 days before a set hearing, or if the deadline has already passed.