Rule 10.060.Opposing Party’s Response
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 10.060
Plain-English Summary
The respondent may file a written memorandum of points and authorities responding to the matters the petitioner raised. The rule uses permissive language, so the response is an option rather than a duty. When it is filed, it must include proof of service on the petitioner and must be filed not fewer than three days before the date set for hearing.
The response follows the shape of the petitioner's memorandum. It must refer to each point in the petitioner's memorandum that it addresses, and each of those points must be followed by a statement of authorities supporting the respondent's position. Answering point by point lets the judge read the memoranda side by side.
A respondent who files nothing has not defaulted. The rule leaves the choice open. The practical effect is that the court comes to the hearing having read only the petitioner's framing of the case.
Frequently Asked Questions
Does the respondent have to file a response memorandum?
No. The rule says the respondent may file a written memorandum of points and authorities in response. It is permitted, not required.
When is the response due?
Not fewer than three days before the date set for hearing.
How should the response be organized?
Point by point. It must refer to each point in the petitioner's memorandum being addressed, and each point must be followed by a statement of authorities in support of the respondent's position.
Does the response need proof of service?
Yes. The memorandum must include proof of service on the petitioner.
What happens if the respondent files nothing?
The case goes forward. The rule does not require a written response, so the court decides on the petitioner's memorandum, the record, and whatever is said at the hearing.