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We direct our clients to the Alameda Superior Court Local Rules for a guideline to this procedure. Most of the courts prefer this procedure and if practiced in this matter, we are always successful.
RULE 5.1 FILING OF PAPERS
1. Except as specified below, all moving papers shall be filed in the Civil Clerk's Office of the location of the Court in which the action is pending. Moving papers for actions pending in the Eastern Division are to be filed in the Civil Clerk’s Office of the Gale/Schenone Hall of Justice or the Hayward Hall of Justice.
2. Except as specified below, all subsequent papers, including return of service, oppositions and replies, shall be filed directly in the Department where the matter is pending. All subsequent papers, including returns of service, opposition, and replies in law and motion and discovery proceedings for matters pending in the Eastern Division are to be filed in the Civil Clerk’s Office of the Hayward Hall of Justice.
3. All motions, petitions and applications submitted to the Court shall be accompanied by a form of proposed order, a separate document, which shall be designated "(Proposed) Order...etc." Written opposition to any motion, petition or application shall also be accompanied by a form of proposed order which shall be appropriately designated "(Proposed) Order Denying...etc." All proposed orders shall be served upon opposing counsel and any un-represented parties contemporaneously with reply or opposition papers. The moving party's proposed order shall be lodged with the Court on the date any reply to opposition would be due (whether or not any reply is actually filed).
