Every direction of a court or judge, made or entered in writing, and not included in a judgment, is denominated an order. An application for an order is a motion.
Of Miscellaneous ProvisionsMotions and Orders
Section § 1003
This law explains that when a court or judge gives instructions in writing, and these instructions aren't part of a final judgment, they are called an 'order.' If someone wants to request such an order, they need to file a 'motion.'
court direction judge instructions written order
Section § 1004
This rule says that if you want to make a motion, or a formal request to the court, you need to do it in the court where your case is currently active. There is an exception if section 166 applies.
Except as provided in section 166 of this code, motions must be made in the court in which the action is pending.
court motions pending action formal request
Section § 1005
When you need to notify someone about certain legal motions or hearings, this section explains how and when to do it. For specific motions like writs of attachment or hearings to set aside defaults, you have to file and serve the necessary documents at least 16 court days before the hearing. If you're serving notice by mail, you need to add extra days depending on where the sender and recipient are located. For notices sent by fax or express mail, you have two extra days. If you're opposing a motion, you have to submit your papers nine days before the hearing and reply papers five days before. The court can allow shorter notice times if needed. All papers related to these processes should be delivered promptly to ensure the other party receives them by the next business day.
(a)CA Civil Procedure Code § 1005(a) Written notice shall be given, as prescribed in subdivisions (b) and (c), for the following motions:
(1)CA Civil Procedure Code § 1005(a)(1) Notice of Application and Hearing for Writ of Attachment under Section 484.040.
(2)CA Civil Procedure Code § 1005(a)(2) Notice of Application and Hearing for Claim and Delivery under Section 512.030.
(3)CA Civil Procedure Code § 1005(a)(3) Notice of Hearing for Claim of Exemption under Section 706.105.
(4)CA Civil Procedure Code § 1005(a)(4) Motion to Quash Summons pursuant to subdivision (b) of Section 418.10.
(5)CA Civil Procedure Code § 1005(a)(5) Motion for Determination
of Good Faith Settlement pursuant to Section 877.6.
(6)CA Civil Procedure Code § 1005(a)(6) Hearing for Discovery of Peace Officer Personnel Records in a civil action pursuant to Section 1043 of the Evidence Code.
(7)CA Civil Procedure Code § 1005(a)(7) Notice of Hearing of Third-Party Claim pursuant to Section 720.320.
(8)CA Civil Procedure Code § 1005(a)(8) Motion for an Order to Attend Deposition more than 150 miles from deponent’s residence pursuant to Section 2025.260.
(9)CA Civil Procedure Code § 1005(a)(9) Notice of Hearing of Application for Relief pursuant to Section 946.6 of the Government Code.
(10)CA Civil Procedure Code § 1005(a)(10) Motion to Set Aside Default or Default Judgment and for Leave to Defend Actions pursuant to Section 473.5.
(11)CA Civil Procedure Code § 1005(a)(11) Motion to Expunge Notice of Pendency of Action pursuant to Section 405.30.
(12)CA Civil Procedure Code § 1005(a)(12) Motion to Set Aside Default and for Leave to Amend pursuant to Section 585.5.
(13)CA Civil Procedure Code § 1005(a)(13) Any other proceeding under this code in which notice is required, and no other time or method is prescribed by law or by court or judge.
(b)CA Civil Procedure Code § 1005(b) Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court. However, if the notice is served by mail, the required 16-day period of notice before
the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, 12 calendar days if the place of address is the Secretary of State’s address confidentiality program (Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code), and 20 calendar days if either the place of mailing or the place of address is outside the United States, and if the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 16-day period of notice before the hearing shall be increased by two calendar days. Section 1013, which extends the time within which a right may be exercised or an act may be done, does
not apply to a notice of motion, papers opposing a motion, or reply papers governed by this section. All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days, and all reply papers at least five court days before the hearing.
The court, or a judge thereof, may prescribe a shorter time.
(c)CA Civil Procedure Code § 1005(c) Notwithstanding any other provision of this section, all papers opposing a motion and all reply papers shall be served by personal delivery, facsimile transmission, express mail, or other means consistent with Sections 1010, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time the opposing papers or reply papers, as applicable, are filed. This subdivision
applies to the service of opposition and reply papers regarding motions for summary judgment or summary adjudication, in addition to the motions listed in subdivision (a).
The court, or a judge thereof, may prescribe a shorter time.
motion notice requirements writ of attachment hearing for claim and delivery
Section § 1005.5
When you properly serve and file a written notice for a court motion, that motion is officially considered to be in progress. However, this does not affect your right to have a hearing for the motion if you are entitled to one. For motions related to asking for a new trial, specific procedures apply.
A motion upon all the grounds stated in the written notice thereof is deemed to have been made and to be pending before the court for all purposes, upon the due service and filing of the notice of motion, but this shall not deprive a party of a hearing of the motion to which he is otherwise entitled. Procedure upon a motion for new trial shall be as otherwise provided.
motion written notice due service
Section § 1006
If a judge isn't able to listen to a motion or an order they called for on a specific date outside of court, the case can be moved to another judge who could have originally handled it.
When a notice of motion is given, or an order to show cause is made returnable before a judge out of court, and at the time fixed for the motion, or on the return day of the order, the judge is unable to hear the parties, the matter may be transferred by his order to some other judge, before whom it might originally have been brought.
notice of motion order to show cause judge absence
Section § 1008
This section explains how and when you can ask a California court to revisit its decision on an order. If you've received an order and nothing's changed, you can't simply request the court to reconsider. However, if you have new facts, circumstances, or legal changes, you can apply to the same judge for a review within 10 days of receiving the order notice. If there’s a crucial legal change, the court can also rethink an order on its own. Importantly, if you don't follow these rules, penalties may apply, and any new order might be revoked. This law also states that you cannot appeal the decision directly if a motion for reconsideration is denied, but you can if the original order allows it.
(a)CA Civil Procedure Code § 1008(a) When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the
order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.
(b)CA Civil Procedure Code § 1008(b) A party who originally made an application for an order which was refused in whole or part, or granted conditionally or on terms, may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it shall be shown by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown. For a failure to comply with this subdivision, any order made on a subsequent application may be revoked or set aside on ex parte motion.
(c)CA Civil Procedure Code § 1008(c) If a court at any time determines that there has been a change of law that warrants it to reconsider a prior order it entered, it may do so on its own motion and enter a different order.
(d)CA Civil Procedure Code § 1008(d) A violation of this section may be punished as a contempt and with sanctions as allowed by Section 128.7. In addition, an order made contrary to this section may be revoked by the judge or commissioner who made it, or vacated by a judge of the court in which the action or proceeding is pending.
(e)CA Civil Procedure Code § 1008(e) This section specifies the court’s jurisdiction with regard to applications for reconsideration of its orders and renewals of previous motions, and applies to all applications to reconsider any order of a judge or court, or for the renewal of a previous motion, whether the order deciding the previous matter or motion is interim or final. No application to reconsider any order or for
the renewal of a previous motion may be considered by any judge or court unless made according to this section.
(f)CA Civil Procedure Code § 1008(f) For the purposes of this section, an alleged new or different law shall not include a later enacted statute without a retroactive application.
(g)CA Civil Procedure Code § 1008(g) An order denying a motion for reconsideration made pursuant to subdivision (a) is not separately appealable. However, if the order that was the subject of a motion for reconsideration is appealable, the denial of the motion for reconsideration is reviewable as part of an appeal from that order.
(h)CA Civil Procedure Code § 1008(h) This section applies to all applications for interim orders.
application for reconsideration new or different facts modify prior order
