The new year will bring significant changes to the timing requirements for filing and opposing motions for summary judgment (MSJs) in California.  Effective January 1, 2025, parties must follow the following updated deadlines:

• Notice of Motion and Supporting Papers: The notice of motion and all supporting documents must be filed 81 days before the hearing (plus time for service).  Previously, this deadline was set at 75 days.
• Opposition: Any opposition to the motion must now be filed 20 days before the hearing.  This is a substantial change from the prior deadline of 14 days.
• Reply: Replies must be served 11 days before the hearing—more than double the previous requirement of 5 days.
• Hearing Timeline: The motion must still be heard no later than 30 days before the trial date.  However, parties can agree to have the motion heard closer to the trial if both sides consent.

The updated California Code of Civil Procedure (CCP) Section 437c(b)(4) prohibits parties from introducing new evidence or material facts in their reply briefs.  While this rule aims to prevent the introduction of unexpected evidence on reply, it does leave room for interpretation.  There may still be some debate about whether parties can include rebuttals to the opposing party’s arguments, provided they do not introduce new arguments or evidence.

While these new timing requirements may seem like minor details, they can provide a trap for the unwary litigant, who can risk missing the deadline and thus waiving their right to move for summary judgment.