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Cal. Rules of Court, rule 3.1306 · Chapter 5. Noticed Motions

Evidence at hearing

Verbatim from the official edition

Text — As posted by the Judicial Council of California (read October 22, 2026)

(a) Restrictions on oral testimony

Evidence received at a law and motion hearing must be by declaration or request for judicial notice without testimony or cross-examination, unless the court orders otherwise for good cause shown.

(b) Request to present oral testimony

A party seeking permission to introduce oral evidence, except for oral evidence in rebuttal to oral evidence presented by the other party, must file, no later than three court days before the hearing, a written statement stating the nature and extent of the evidence proposed to be introduced and a reasonable time estimate for the hearing. When the statement is filed less than five court days before the hearing, the filing party must serve a copy on the other parties in a manner to assure delivery to the other parties no later than two days before the hearing.

(c) Judicial notice

A party requesting judicial notice of material under Evidence Code sections 452 or 453 must provide the court and each party with a copy of the material. If the material is part of a file in the court in which the matter is being heard, the party must:

(1) Specify in writing the part of the court file sought to be judicially noticed; and

(2) Either make arrangements with the clerk to have the file in the courtroom at the time of the hearing or confirm with the clerk that the file is electronically accessible to the court.

Notes and commentary — not rule text

History

(Subd (a) amended effective January 1, 2007; previously amended effective January 1, 2003.)

(Subd (b) amended and relettered effective January 1, 2003; adopted as part of subd (a).)

(Subd (c) amended effective January 1, 2017; adopted as subd (b); previously amended and relettered effective January 1, 2003; previously amended effective January 1, 2007.)

Rule 3.1306 amended effective January 1, 2017; adopted as rule 323 effective January 1, 1984; previously amended effective January 1, 2003; previously amended and renumbered as rule 3.1306 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_1306
Text hash
sha256 a46898f85f29e6ac6086d010102865f7e1ef96bbd5bb3a97dc7670d874bbd30b
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

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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.