Relief from Admissions

1

Schedule the Hearing

This information is for Sacramento. If your case is in a different county, do not follow these instructions. Instead, call the clerk or visit the court website in your county to find the correct information.

Determine the department and time of the motion

In Sacramento, most motions are heard in the “Civil Home Court” department assigned to the case, which will be either department 25, 28, 53, or 54. Check your case file online to find which department your case is assigned to.

Note: Prior to November 10, 2025, each civil case was assigned to either Department 53 or 54 for most motions. If your case was filed before that date, its assigned department may have changed, so check before scheduling a hearing.

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More information about Civil Home Court department transition

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A few types of motions are heard in other departments. Check which departments hear which types of motions in Sacramento on the Civil Motions webpage.

Reserve the date for the hearing

In the Civil Home Departments, for most motions, you must reserve a court date through the court’s online reservation system. (Exceptions are some discovery-related motions, which must be reserved in advance by calling the clerk of the assigned department.)

For other departments, contact the department clerk to determine the procedure.

To use the online system, go to the Sacramento Court Public Portal and choose “Reservation System (CRS).” You must have a free account on the system to use it.

Before you log on or call, figure out if there are any days you will not be available during the next couple of months. For instance, you don’t want to pick a date when you know you will be out of town.

You must choose a date far enough in the future that you can both file and serve your motion on time. Scheduling it four weeks in advance generally gives a comfortable margin for most types of motions. Usually, the first available date will be further away than that.

Determine the legal deadline to file the motion in court

Disclaimer! Some motions have different time requirements. Check the rules for the motion you are filing.

Tip: File the motion as soon as possible. Your reservation is not final until the motion has been filed and any fees paid.

The last legal day to file with the court is at least sixteen court (business) days prior to the motion date (CCP § 1005). “Court days” are Monday through Friday, excluding court holidays.

NOTE: the court must receive the documents by that day. Postmark will not count.

To determine whether a particular filing date will meet this deadline, start counting backwards on the day before your hearing until you reach the sixteenth court day. (CCP § 12c)

For example, suppose your reservation is for Monday, June 18. You would start counting backward using the previous court day, Friday, June 15, as day one, as shown in the calendar below. Skip weekends and court holidays (there is one court holiday in this example, which is Memorial Day, May 28). The sixteenth court day before the hearing would be May 24, which would be the last day that the motion could be filed.

Make a note on your calendar to file the motion by this date. Do not miss this deadline. The court will cancel the hearing and you will have to start over.

Determine the legal deadline to serve the motion on the other parties or their attorneys

You must have a copy of the motion served on all other attorneys (or self-represented parties) by a strict deadline set by law. Earlier is always fine.

Personal service: 16 court days before the hearing, the same as the minimum filing deadline. The server should fill out Proof of Personal Service—Civil (POS-020).

Service by mail: 16 court days before hearing PLUS five calendar days before the hearing (more if the mailing address is outside California). (CCP § 1005). The server should fill out Proof of Service by First-Class Mail—Civil.

“Court days” are business days – Monday – Friday, except holidays.

“Calendar days” include weekends and holidays, but if the final day lands on a weekend or holiday, it is pushed back to the previous court day.

Make a note on your calendar to have the motion served by mail before the mail deadline. If you miss the mail deadline, you can still have the motion served by personal service up until 16 court days before the hearing. If you miss that deadline, you will have to cancel your court date and start over.

2

Research and write your declaration and memorandum

There is no pre-printed form for this motion. You will need to customize a motion on “pleading paper.” You can download a template from the list above. Instructions and a sample motion are at the end of this guide.

A request to deem an opposing party’s admissions true is made through a motion.

A motion is a request to the judge to issue an order of some sort. A written motion consists of four parts (the Notice of Motion and Motion are combined):

• Notice of Motion and Motion;
• Memorandum of Points and Authorities; and
• Declaration

These parts can be filed as separate documents or combined into one document, as in our template motion.

The Notice of Motion lets the opposing party know when and where the motion is scheduled to be heard, while the Motion lets the court and the opposing party know what is being requested. The Memorandum of Points and Authorities explains to the court and the opposing party the legal basis of the motion, while the Declaration provides evidence, sworn under penalty of perjury, supporting the motion.

The Declaration must contain the evidence you need to prove the facts you are asserting. Usually this will be by someone stating the facts under penalty of perjury. Often, it will also include photographs or documents that support your assertions. In most cases, the person making the motion will make the declaration. If someone else has personal knowledge of important facts, that person should also be asked for a declaration.

For tips and examples of how to write a declaration and what should be included, see our article “Declaration Tips.”

In some cases, you may need to file an additional document, such as a Request for Judicial Notice.

In your Memorandum, you must explain the facts of your situation, explain the law, and demonstrate how the law applies to those facts. This usually requires original research, analysis, and writing. At the end of this guide, you will find a list of reference books with good starting points for civil motion research

3

Assembling and copying papers for service

Put the motion and any other papers into proper order and format to serve the other side.

Before serving the documents, be sure that they include everything necessary, including the Notice of Motion and Motion, the Memorandum, supporting declaration(s) with exhibits attached, and any other documents such as request for judicial notice.

Attaching Exhibits

For each exhibit attached to your motion, you must place a page in front of the exhibit identifying it as Exhibit A, B, and so forth in alphabetical order, or Exhibit 1, 2, and so forth in numerical order. These are then attached at the end of your declaration.

Make enough copies of your papers to serve one set on each other party in the case, plus an optional one for you to keep. Staple the copies, but leave the original unstapled so it can easily be scanned into the court’s file system.

In a later step, you will either e-file the documents or file the original and your optional copy in the court.

4

Have Your Documents Served on the Attorney(s) or Self-Represented Party(s)

You must serve one copy on each other party in the case, and have the server sign the Proof of Service form.

You must have someone serve your papers on the other attorney or self-represented party in the case. (If there are more than two parties, you must serve all parties, or their attorneys if they have one).

Service must be complete 16 court (business) days before the hearing date, plus five calendar days if you have it served by mail.

Tip: If the mailing deadline (16+5 days) has passed, but there are still more than 16 court days before the hearing, you can have it served by personal delivery. If you miss the service deadline entirely, you will need to re-schedule your motion.

Proof of Service form:

After service is done, you will need to file a Proof of Service signed by the server. If serving by mail, you can use Proof of Service by Mail (POS-030). For personal service, use Proof of Personal Service (POS-020). You can fill most of the Proof of Service out now, but it should not be signed. Make a copy of the unsigned proof of service before proceeding and include it with the motion papers when you have them served.

After serving the papers, your server will sign the Proof of Service form, and give it to you.

Attach the original signed Proof of Service to your original signed motion. If you are using an optional copy for yourself, attach a copy of the Proof of Services to that.

You can also file it as a separate document, without attaching it to your motion papers.

5

Assemble your Documents for Filing

If you are e-filing, you will simply email the documents to the efiling provider of your choice.

Assemble your packet for filing as follows. The original should be unstapled, while any copy is stapled.

• Motion, including Memorandum of Points and Authorities and Declaration with exhibits: original plus one optional copy to be returned to you.
• Proposed Order, if included, plus one optional copy.
• Completed Proof of Service form: The original plus plus one optional copy. This proof of service can filed as its own document, or it can be attached as the last page of the Motion when filing. If it is attached, then attach the original signed Proof of Service to the original signed Motion.
• Any other documents, such as Request for Judicial Notice, should be treated the same way: create a stack of original plus one optional copy and file along with the others.

If you are submitting the papers in the dropbox, you will find cover sheets and large binder clips to hold the whole package together near the box.

6

File at the Hall of Justice Building

As long as your filing is received by the deadline (16 court days before the hearing), you can file at the counter, by dropbox, or by mail. But note that it must be received by the deadline. Postmarked does not count.

All moving papers, oppositions, and replies can be e-Filed, mailed to 720 9th Street, Room 102, Sacramento, CA 95814, or filed in person at the Hall of Justice Building, 813 6th Street, Room 212, 2nd Floor Sacramento, CA 95814.

Note: If you file in person, go to 813 6th Street for all departments (even though Dept. 25 and Dept. 28 are physically located in the main courthouse at 720 9th Street).

Your options are:

• Wait in line to file with the clerk in Room 212.
• Drop your paperwork and payment in the dropbox in the lobby. Payment must be by check or money order. Your papers will be marked as filed on the day you place them in the box if they arrive before 5 p.m.
• Mail your paperwork and payment to: 720 9th St., Rm 102, Sacramento CA 95814. Payment must be by check or money order. Your papers must arrive by the due date; the postmark will be ignored.
• Use the court’s efiling system. This system is optional for self-represented litigants. Fees will be paid to the electronic filing service provider, which forwards them to the court.

At this time there is a $60 filing fee for a motion, unless your fees were waived. Dropbox filings must include a check or money order/cashiers check, no credit cards. Credit cards can be accepted at the counter or used when efiling.

Fee Waiver: If you are receiving government benefits such as Medi-Cal or are otherwise qualified because of low income, you can apply for a fee waiver. If you do not yet have a fee waiver, turn the fee waiver request forms in with the motion instead of a fee payment. For more information, see our Step-by-Step guide on Fee Waivers.

7

Opposition Papers and the Moving Party’s Optional Reply Papers

The opposing party must file written opposition or risk losing automatically. The moving party may file and serve a Reply, but it is optional.

If any opposing counsel or self-represented party opposes the motion, they may serve and file an opposition at least nine court days prior to the hearing. No fee is required to file an opposition.

Written Opposition is required. Going to the hearing is not sufficient. If you do not file a written Opposition on time, the judge will probably grant the Motion and cancel the hearing.

The opposition contains a memorandum of points and authorities and usually a declaration, but does not need the notice of motion or motion. Be sure to check your mail, and read any documents you receive carefully.

The moving party may choose to serve and file a reply to the opposition at least five court days prior to the motion. CCP § 1005. It must be served by overnight mail to reach the opposing party no more than one day after it is filed.

The reply is optional and is usually used to address new issues the opponent raised in the opposition. No fee is required to file a reply. See our guide on Writing, Scheduling, and Opposing Motions for more information.

8

Review Tentative Ruling at 2 p.m. the Court Day before the Hearing; Schedule Argument by 4 p.m. if Necessary

Before the hearing, the judge reads the papers and decides how they plan to rule. They post the decision on the court’s website the day before the hearing. If a party wants a chance to speak to the judge to change their mind, they must notify the other party and the court by 4 p.m.

Most California courts use the tentative ruling system. In Sacramento, pursuant to Local Rule 1.06, the Civil Home Court departments issue tentative rulings on the motion by 2:00 p.m. the court day before the hearing. You then have two hours to request oral argument, if you choose to do so. Other departments may have different times or may not use tentative rulings; check with the department clerk.

Warning!
Your hearing will be canceled

If neither party calls the court, the hearing will be canceled and you will not be permitted to talk to the judge.

You may read the tentative ruling online or call 916-874-7858 or 916-874-7848 to have a clerk read the ruling to you. For more information, see the Sacramento County Superior Court’s Civil Tentative Rulings page.

Closely review the Tentative Ruling. If you are making the motion, you are looking for your motion to be “GRANTED.” If you are opposing the motion, you are looking for the motion to be “DENIED.” The motion may also be “GRANTED IN PART” and “DENIED IN PART.” The judge sometimes orders the parties to appear (“APPEARANCE REQUIRED”), even if neither party requests oral argument.

Losing party: If you are not happy with the Tentative Ruling, and wish to present oral argument in front of the judge, you must call all opposing counsel and/or self-represented parties right away. Let them know that that you are appearing, and that they can appear via Zoom. Leaving a message is fine.

Then call the Law and Motion Oral Argument Request Line at (916) 874-2615 before 4:00 p.m. Leave a message with the following information: 1. Your name, and that you want to appear; 2. the item number (to the left of your case number on the Tentative Ruling); and 3. that you have let the other parties know you are appearing, and that they can appear via Zoom.

Note: carefully consider whether it is worth your time to request oral argument. It is very rare for judges to change their mind, but it does happen sometimes.

Winning party: If you are happy with the Tentative Ruling, you do not need to do anything unless the Tentative Ruling orders you to appear, or the other side calls you before 4:00 p.m. that day to request oral argument. If that happens, you should go to the court hearing in person or by Zoom and be prepared to argue your case.

If neither party requests oral argument by 4:00 p.m., the court will simply make the tentative ruling permanent, and no oral argument will be permitted.

9

Attend the Hearing, if Required

If neither party calls the court and opposing party to request oral argument, the hearing will be cancelled, and the tentative ruling will become final.

If you or the other party request oral argument, arrive in court or log onto Zoom early. There will probably be other cases scheduled at the same time; there is usually a list posted on the wall outside the courtroom that lists the order in which cases will be heard. Go into the courtroom or Zoom waiting room and check in with the bailiff or clerk.

In Person
If your Home Court Department is Dept. 53 or 54, you will go to 813 Sixth Street, second floor.

If your Home Court Department is 25 or 28, you will go to 720 9th Street, fourth floor.

Zoom Hearings
For most types of motions, you can appear remotely by connecting on the Zoom app. The tentative ruling will explain how to connect.

When your name is called, be ready to speak and to answer any questions the judge has. You will only have a few minutes. After both sides speak, the judge may make a decision right away, or may “take it under consideration” and mail out the decision in a few days.

If you have questions about the order, you can ask them at the hearing. Make sure you understand if you are expected to do something as a result of the order. For instance, if you are ordered to file an amended complaint or serve responses, make sure you know the deadline and what is expected.