Rule 3.1114.Applications, motions, and petitions not requiring a memorandum
Division 11. Law and Motion · Chapter 2. Format of Motion Papers · Last amended 2011 · Last verified July 29, 2026
In one sentenceRule 3.1114 lists thirteen Judicial Council–form applications, motions, and petitions — including guardian ad litem requests, motions to be relieved as counsel, and several protective-order petitions — that do not need a supporting memorandum unless the court or a party decides one would help.
(a)Memorandum not required Civil motions, applications, and petitions filed on Judicial Council forms that do not require a memorandum include the following:
(1)Application for appointment of guardian ad litem in a civil case;
(2)Application for an order extending time to serve pleading;
(3)Motion to be relieved as counsel;
(4)Motion filed in small claims case;
(5)Petition for change of name or gender;
(6)Petition for declaration of emancipation of minor;
(7)Petition for injunction prohibiting harassment;
(8)Petition for protective order to prevent elder or dependent adult abuse;
(9)Petition for order to prevent postsecondary school violence;
(10)Petition of employer for injunction prohibiting workplace violence;
(11)Petition for order prohibiting abuse (transitional housing);
(12)Petition to approve compromise of claim of a minor or a person with a disability; and
(13)Petition for withdrawal of funds from blocked account. (Subd (a) amended effective January 1, 2011; previously amended effective January 1, 2007.)
(b)Submission of a memorandum Notwithstanding (a), if it would further the interests of justice, a party may submit, or the court may order the submission of, a memorandum in support of any motion, application, or petition. The memorandum must comply with rule 3.1113. (Subd (b) amended effective January 1, 2007.)
Plain-English Summary
Rule 3.1113 requires a memorandum for most motions, but Rule 3.1114 carves out the exceptions. It lists thirteen specific applications, motions, and petitions filed on Judicial Council forms that skip the memorandum requirement entirely — a mix of routine procedural requests (appointing a guardian ad litem, extending time to serve a pleading, getting relieved as counsel, small claims motions) and protective-order or status petitions where the standard form itself is meant to carry the load (name or gender changes, minor emancipation, harassment and workplace-violence protective orders, elder abuse protection, transitional-housing abuse orders, compromise of a minor’s claim, and withdrawal from a blocked account).
None of that stops a memorandum from being filed. Subdivision (b) leaves the door open: if it would serve the interests of justice, a party can submit one anyway, or the court can order one submitted, and if that happens it has to follow the same content and format rules as any other memorandum under Rule 3.1113.
Frequently Asked Questions
Do I need a memorandum of points and authorities to file a motion to be relieved as counsel?
No. Rule 3.1114(a)(3) lists a motion to be relieved as counsel among the Judicial Council–form motions that do not require a supporting memorandum.
I’m filing a petition for a civil harassment protective order — do I need to attach legal argument?
Not as a general matter. Rule 3.1114(a)(7) exempts a petition for an injunction prohibiting harassment from the memorandum requirement, though a court can still order one submitted under subdivision (b) if it would help.
Can a court require a memorandum even for a motion listed in Rule 3.1114?
Yes. Rule 3.1114(b) allows the court to order a memorandum submitted for any motion, application, or petition on the list, and it must then comply with Rule 3.1113.
Amendment History
Rule 3.1114 amended effective January 1, 2011; adopted as rule 314 effective January 1, 2004; previously amended and renumbered effective January 1, 2007.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
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