California Revises Rules for Summary Judgment Motions in 2025

Dear Clients and Colleagues:

New procedural rules governing summary judgment motions filed in California state court will go into effect January 1, 2025.

Under existing law, Cal. Code Civ. Proc. § 437c(a)(2), a party in a civil action seeking summary judgment or summary adjudication must file their notice of motion and supporting papers at least 75 days before the hearing date, and at least 30 days before trial. A party opposing the motion must file opposition papers at least 14 days before the hearing date. Cal. Code Civ. Proc. § 437c(b)(2). The moving party must then file reply papers at least five days before the hearing date. Cal. Code Civ. Proc. § 437c(b)(4).

Assembly Bill No. 2049, which takes effect January 1, 2025, amends section 437c by expanding the filing deadlines by six days. Under the new law, a party must file its moving papers at least 81 days before the hearing date. Opposition papers must be filed at least 20 days before the hearing date and reply papers must be filed at least 11 days before the hearing date.

The new law also expressly provides that “[t]he reply shall not include any new evidentiary matter, additional material facts, or separate statement submitted with the reply and not presented in the moving papers or opposing papers.” Cal. Code Civ. Proc. § 437c(b)(4) (as amended).

The practical effect of these changes likely will be minimal for parties in civil litigation. The most significant impact appears to be that by making the reply papers due 11 days before the hearing date, rather than five days as under existing law, trial courts will now have more time to review the arguments and evidence and prepare rulings.