Cal. Rules of Court, rule 3.1304 · Chapter 5. Noticed Motions
Time of hearing
Text — As posted by the Judicial Council of California (read October 22, 2026)
(a) General schedule
The clerk must post electronically and at the courthouse a general schedule showing the days and departments for holding each type of law and motion hearing.
(b) Duty to notify if matter not to be heard
The moving party must immediately notify the court if a matter will not be heard on the scheduled date.
(c) Notice of nonappearance
A party may give notice that he or she will not appear at a law and motion hearing and submit the matter without an appearance unless the court orders otherwise. The court must rule on the motion as if the party had appeared.
(d) Action if no party appears
If a party fails to appear at a law and motion hearing without having given notice under (c), the court may take the matter off calendar, to be reset only upon motion, or may rule on the matter.
Notes and commentary — not rule text
History
(Subd (a) amended effective January 1, 2016; previously amended effective January 1, 2003.)
(Subd (b) amended effective January 1, 2003.)
(Subd (c) amended effective January 1, 2003; previously amended effective January 1, 1992.)
(Subd (d) amended effective January 1, 2003; previously amended and relettered effective January 1, 1992.)
Rule 3.1304 amended effective January 1, 2016; adopted as rule 321 effective January 1, 1984; previously amended effective January 1, 1992, and January 1, 2003; previously amended and renumbered as rule 3.1304 effective January 1, 2007.
Source of truth
- Edition
- As posted by the Judicial Council of California (read October 22, 2026)
- Official file
- https://courts.ca.gov/cms/rules/index/three/rule3_1304
- Text hash
- sha256 3a2b827299ce4fff0014dc074d1a021254d7a53d12b4f690c12d920ace9b82ae
- Composed by
- compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph
BenchPath cards that rely on this text
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.