Rule 5.315.Memorandum of points and authorities

Division 1. Family Rules · Chapter 10. Government Child Support Cases (Title IV-D Support Cases) · Last amended 2007 · Last verified September 10, 2026

In one sentenceRule 5.315 excuses a government support motion made on a Judicial Council form from carrying points and authorities — and forbids the court from holding that against it.

Full Text of Rule 5.315

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Notwithstanding any other rule, including rule 313, a notice of motion in a title IV-D support action must not be required to contain points and authorities if the notice of motion uses a form adopted or approved by the Judicial Council. The absence of points and authorities under these circumstances may not be construed by the court as an admission that the motion is not meritorious and cause for its denial.

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Plain-English Summary

A notice of motion in a title IV-D support action need not contain points and authorities if it uses a form adopted or approved by the Judicial Council. The rule says so notwithstanding any other rule.

The second sentence is the one that matters in practice: the absence of points and authorities in those circumstances may not be construed by the court as an admission that the motion lacks merit, or as cause for denying it. Without that, the permission would be a trap.

Frequently Asked Questions

Do I need points and authorities for a government child support motion?

Not if the notice of motion uses a form adopted or approved by the Judicial Council.

Can the judge deny my motion because it has no legal memorandum?

Not on that basis. The absence of points and authorities in these circumstances may not be construed as an admission that the motion is without merit or as cause for denial.

Amendment History

Rule 5.315 amended effective January 1, 2007; adopted as rule 1280.3 effective July 1, 1997; previously amended and renumbered effective January 1, 2003.

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source

Also known as: points and authorities child support motiontitle IV-D motion requirementsno memorandum required family law