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Unless otherwise ordered or specifically provided by law, moving and supporting papers must be served and filed at least 16 court days before the hearing — increased by 5, 10, 12 or 20 calendar days for service by mail depending on the address, and by two calendar days for fax, express-mail or overnight service; opposition papers are due at least nine court days and reply papers at least five court days before the hearing, and both must be served by a method reasonably calculated to deliver them by the close of the next business day after filing. The court may prescribe a shorter time.
California > Superior courts (noticed motions)
(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.
16 court days before
Moving papers: serve and file at least 16 court days before the hearing
Trigger: Hearing date (noticed motion)
Code Civ. Proc., § 1005(b)
5 calendar days before
Moving papers served by mail within California: 5 more calendar days
Trigger: Hearing date (noticed motion)
Runs from the computed due date of “Moving papers: serve and file at least 16 court days before the hearing”, not from the trigger above.
Code Civ. Proc., § 1005(b); § 12c(b)
2 calendar days before
Moving papers served by fax, express mail or overnight delivery: 2 more calendar days
Trigger: Hearing date (noticed motion)
Runs from the computed due date of “Moving papers: serve and file at least 16 court days before the hearing”, not from the trigger above.
Code Civ. Proc., § 1005(b); § 12c(b)
9 court days before
Opposition: file and serve at least 9 court days before the hearing
Trigger: Hearing date (noticed motion)
Code Civ. Proc., § 1005(b)
5 court days before
Reply: file and serve at least 5 court days before the hearing
Reviewer note: Held dark at the California go-live (owner ruling 2026-10-13, gate item A.13): this card rests on a section page read on 2026-09-28 from leginfo.legislature.ca.gov, whose robots.txt disallows every agent ("User-agent: * / Disallow: /", read 2026-10-03; a Cloudflare challenge page on 2026-10-14). It is re-published only after its text is re-verified, verbatim, from a channel robots.txt permits. Re-sourced 2026-10-22 (California parity Phase 4; the owner's ruling of 2026-10-13 on gate item A.13: re-publish once re-verified, verbatim, from a channel robots.txt permits): every paragraph of this card's text appears verbatim in Code Civ. Proc., § 1005 as the Legislative Counsel publishes it in the official weekly code archive (downloads.leginfo.legislature.ca.gov/pubinfo_2025.zip, extract of 2026-10-18; LAW_SECTION_TBL row CCP1005.20226861, version id_3e55b8d3-6a95-11ed-823c-e74f056edb17; the host serves no robots.txt). The link stays the section's page on the official site, which robots.txt closes to automated reads; the archive is the verification receipt.
1 verbatim requirement on continuances in JEREMY I. FRANKER's division.
1 verbatim requirement on continuances.
Trigger: Hearing date (noticed motion)
Code Civ. Proc., § 1005(b)
Computed periods follow Code Civ. Proc. §§ 12–12c — a period in court days skips weekends and judicial holidays, a period before a hearing counts backward from it (§ 12c), and a day a court is closed counts as a holiday (§ 12b); always confirm holiday calendars for the specific court.
Judge Weiss: case law and memos to chambers five business days before the hearing, and every exhibit a party intends to use listed on a notice of discovery and provided to the other side five business days out.