Cal. Rules of Court, rule 3.1347 · Article 4. Discovery Motions

Discovery motions in summary proceeding involving possession of real property

Verbatim from the official edition

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

(a) Notice

In an unlawful detainer action or other action brought under chapter 4 of title 3 of part 3 of the Code of Civil Procedure (commencing with section 1159), notice of a discovery motion must be given in compliance with Code of Civil Procedure sections 1010.6 or 1013 and 1170.8.

(b) Opposition and reply at hearing

Any opposition to the motion and any reply to an opposition may be made orally at the time of hearing or in writing as set forth in (c).

If a party seeks to have a written opposition considered in advance of the hearing, the written opposition must be served and filed on or before the court day before the hearing. Service must be by personal delivery, electronic service, fax transmission, express mail, or other means consistent with Code of Civil Procedure sections 1010, 1010.6, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties no later than the close of business on the court day before the hearing. The court, in its discretion, may consider written opposition filed later.

Notes and commentary — not rule text

History

(Subd (a) amended effective January 1, 2016.)

(Subd (c) amended effective January 1, 2016.)

Rule 3.1347 amended effective January 1, 2016; adopted effective January 1, 2009.

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_1347
Text hash: sha256 6516916cd2fb4d9ad150dd18f857fa14e14dc45d111468134fc6a084c6a1a4f7
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

This rule 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

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.