California Rules of Court

California Rules of Court provide specific rules for declarations and supplements.

Civil

Rule 3.1115

The caption of a declaration must state the name of the declarant and must specifically identify the motion or other proceeding that it supports or opposes.

Probate

Rule 7.3(5)

"Supplement to a pleading" and "supplement" mean a pleading that modifies another pleading but does not allege facts or request relief materially different from the facts alleged or the relief requested in the supplemented pleading. A supplement to a pleading may add information to or may correct omissions in the modified pleading.

Rule 7.53(b)

A supplement to a pleading does not require additional notice of hearing, but a copy of a supplement to a pleading must be served if service of a copy of the pleading was required, unless waived by the court.

Rule 7.104(b)

(1) A supplement to a pleading must be signed and verified by one of the persons who were required to sign and verify the pleading that is supplemented. However, the court may, in the exercise of its discretion, accept for filing and consider a supplement to a pleading signed under penalty of perjury by an attorney for the party offering it, where the information contained in the supplement is particularly within the knowledge of the attorney.

(2) A Judicial Council form must not be used for a supplement to a pleading.

New Evidence

“The general rule of motion practice . . . is that new evidence is not permitted with reply papers.” (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537.) A defendant’s decision “to wait until the reply briefs to bring forth . . . evidence . . . when the [plaintiff] would have no opportunity to respond . . . [is] simply unfair.” (Id., citations omitted.) “A trial court [has] discretion whether to accept new evidence with the reply papers.” (Alliant Ins. Services, Inc. v. Gaddy (2008) 159 Cal.App.4th 1292, 1308.) “[T]he inclusion of additional evidentiary matter with the reply should only be allowed in the exceptional case . . .” (Carbajal v. CWPSC, Inc. (2016) 245 Cal.App.4th 227, 241, citation omitted.)

Discretion Regarding New Evidence

Generally, courts have the discretion to consider new arguments raised for the first time in reply briefs, but ordinarily will not consider them unless there is "good cause" for doing so. (Larson v. UHS of Rancho Springs, Inc. (2014) 230 Cal. App. 4th 336, 352-353; Shimmon v. Franchise Tax Bd. (2010) 189 Cal. App. 4th 688, 694, fn. 3; Neighbours v. Buzz Oates Enterprises (1990) 217 Cal. App. 3d 325, 335.) If a court does find "good cause" for considering a "reply" argument, then fairness dictates that the court give the opposing party an opportunity to fully respond to that argument. (See, e.g., Thornton v. California Unemployment Ins. Appeals Bd. (2012) 204 Cal. App. 4th 1403, 1421; American Drug Stores, Inc. v. Stroh (1992) 10 Cal. App. 4th 1446, 1453.) The same general rule applies to "reply" evidence. (See, e.g., Wall Street Network, Ltd. v. New York Times Co. (2008) 164 Cal. App. 4th 1171, 1183.)

Affidavits

Code of Civil Procedure § 2015.5 requires:

Whenever, under any law of this state or under any rule, regulation, order or requirement made pursuant to the law of this state, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn statement, declaration, verification, certificate, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may with like force and effect be supported, evidenced, established or proved by the unsworn statement, declaration, verification, or certificate, in writing of such person which recites that it is certified or declared by him or her to be true under penalty of perjury, is subscribed by him or her, and (1), if executed within this state, states the date and place of execution, or (2), if executed at any place, within or without this state, states the date of execution and that it is so certified or declared under the laws of the State of California. The certification or declaration may be in substantially the following form:

(a) If executed within this state:

“I certify (or declare) under penalty of perjury that the foregoing is true and correct”: _____________ _________ (Date and Place)(Signature)

(b) If executed at any place, within or without this state:

“I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct”: _____________ _________ (Date)(Signature)

Motions

If a motion does not comply with California Rules of Court, Rule 3.1324, some courts have continued the motion in order to allow the moving party to file a timely supplemental declaration to address deficiencies in the motion.

Service

Electronic Service

“[I]f a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of the document is authorized when a party has agreed to accept service electronically in that action. (Code Civ. Proc. § 1010.6.) California Rules of Court, Rule 2.251(b)(1)(A) requires that a notice of consent to electronic service be filed with the Court.

Proof of Service

In probate matters, a proof of service must be filed to show that all parties entitled to notice have been served for the Supplemental Declaration. (Prob. Code § 8110.)