Code Civ. Proc., § 1005 · Chapter 4. Motions and Orders
Code Civ. Proc., § 1005
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) Written notice shall be given, as prescribed in subdivisions (b) and (c), for the following motions:
(1) Notice of Application and Hearing for Writ of Attachment under Section 484.040.
(2) Notice of Application and Hearing for Claim and Delivery under Section 512.030.
(3) Notice of Hearing for Claim of Exemption under Section 706.105.
(4) Motion to Quash Summons pursuant to subdivision (b) of Section 418.10.
(5) Motion for Determination of Good Faith Settlement pursuant to Section 877.6.
(6) Hearing for Discovery of Peace Officer Personnel Records in a civil action pursuant to Section 1043 of the Evidence Code.
(7) Notice of Hearing of Third-Party Claim pursuant to Section 720.320.
(8) Motion for an Order to Attend Deposition more than 150 miles from deponent’s residence pursuant to Section 2025.260.
(9) Notice of Hearing of Application for Relief pursuant to Section 946.6 of the Government Code.
(10) Motion to Set Aside Default or Default Judgment and for Leave to Defend Actions pursuant to Section 473.5.
(11) Motion to Expunge Notice of Pendency of Action pursuant to Section 405.30.
(12) Motion to Set Aside Default and for Leave to Amend pursuant to Section 585.5.
(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) 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) 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.
Notes and commentary — not statutory text
History
Amended by Stats. 2022, Ch. 686, Sec. 1. (AB 1726) Effective January 1, 2023.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=1005.
- Text hash
- sha256 215a0413593c71e0c0fb853385f1f3706a2c5b113fff1a51229a6393c29ab950
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
BenchPath cards that rely on this text
- El Dorado County Superior Court Local Rules (effective January 1, 2026) — Chapter 8: Family Law Proceedings
- Notice of Motion: 16 Court Days; Opposition 9 and Reply 5 Court Days Before the Hearing — Code Civ. Proc., § 1005
- Notice of Motion: 16 Court Days; Opposition 9 and Reply 5 Court Days Before the Hearing — Code Civ. Proc., § 1005
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Civil Procedure
- Code Civ. Proc., § 405.30Printed as Section 405.30
- Code Civ. Proc., § 418.10Printed as Section 418.10
- Code Civ. Proc., § 473.5Printed as Section 473.5
- Code Civ. Proc., § 484.040Printed as Section 484.040
- Code Civ. Proc., § 512.030Printed as Section 512.030
- Code Civ. Proc., § 585.5Printed as Section 585.5
- Code Civ. Proc., § 706.105Printed as Section 706.105
- Code Civ. Proc., § 720.320Printed as Section 720.320
- Code Civ. Proc., § 877.6Printed as Section 877.6
- Code Civ. Proc., § 1010Printed as Sections 1010, 1011, 1012, and 1013
- Code Civ. Proc., § 1011Printed as Sections 1010, 1011, 1012, and 1013
- Code Civ. Proc., § 1012Printed as Sections 1010, 1011, 1012, and 1013
- Code Civ. Proc., § 1013Printed as Section 1013 | Sections 1010, 1011, 1012, and 1013
- Code Civ. Proc., § 2025.260Printed as Section 2025.260
Government Code
- Gov. Code, § 946.6Printed as Section 946.6 of the Government Code
- Gov. Code, tit. 1, div. 7, ch. 3.1Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking, Child Abduction, and Elder or Dependent Adult AbusePrinted as Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code
Cited by 34 provisions
Provisions in this library whose text cites Code Civ. Proc., § 1005. Each shows the citation as that text prints it.
Code of Civil Procedure
- Code Civ. Proc., § 116.140Printed as Section 1005
- Code Civ. Proc., § 418.10Printed as Section 1005
- Code Civ. Proc., § 435Printed as Section 1005
- Code Civ. Proc., § 437cPrinted as Section 1005 | Sections 1005 and 1013
- Code Civ. Proc., § 473.5Printed as Section 1005
- Code Civ. Proc., § 484.040Printed as Section 1005
- Code Civ. Proc., § 527Printed as Section 1005
- Code Civ. Proc., § 585Printed as Section 1005
- Code Civ. Proc., § 585.5Printed as Section 1005
- Code Civ. Proc., § 706.105Printed as Section 1005
- Code Civ. Proc., § 708.111Printed as Section 1005
- Code Civ. Proc., § 720.320Printed as Section 1005
- Code Civ. Proc., § 877.6Printed as Section 1005
- Code Civ. Proc., § 2029.630Printed as Section 1005
Government Code
- Gov. Code, § 946.6Printed as Section 1005 of the Code of Civil Procedure
- Gov. Code, § 11130Printed as Section 1005 of the Code of Civil Procedure
- Gov. Code, § 54960Printed as Section 1005 of the Code of Civil Procedure
- Gov. Code, § 65757Printed as Section 1005 of the Code of Civil Procedure
- Gov. Code, § 68616Printed as Sections 1005 and 1013 of the Code of Civil Procedure
- Gov. Code, § 70617Printed as Section 1005 of the Code of Civil Procedure
Welfare and Institutions Code
California Rules of Court
- Cal. Rules of Court, rule 3.764Motion to certify or decertify a class or amend or modify an order certifying a classPrinted as Code of Civil Procedure section 1005
- Cal. Rules of Court, rule 3.1150Preliminary injunctions and bondsPrinted as Code of Civil Procedure section 1005
- Cal. Rules of Court, rule 3.1300Time for filing and service of motion papersPrinted as Code of Civil Procedure section 1005
- Cal. Rules of Court, rule 3.1320DemurrersPrinted as Code of Civil Procedure section 1005
- Cal. Rules of Court, rule 3.2231Postjudgment motionsPrinted as Code of Civil Procedure section 1005
- Cal. Rules of Court, rule 5.63Request for order to quash proceeding or responsive reliefPrinted as Code of Civil Procedure section 1005(b)
- Cal. Rules of Court, rule 5.92Request for court order; responsive declarationPrinted as Code of Civil Procedure section 1005
- Cal. Rules of Court, rule 5.94Order shortening time; other filing requirements; failure to serve request for orderPrinted as Code of Civil Procedure section 1005
- Cal. Rules of Court, rule 9.40Counsel pro hac vicePrinted as Code of Civil Procedure section 1005
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.