California

Civil Procedure

Rule 3.1304 – Time of hearing

(a) General schedule

The clerk must post electronically and at the courthousea general schedule showing the days and departments for holding each type of law and motion hearing.

(Subd (a) amended effective January 1, 2016; previously amended effective January 1, 2003.)

(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.

Cal. R. Ct. 3.1304

Rule 3.1304 amended effective January 1, 2016; adopted as rule 321 effective January 1, 1984; previously amended effective January 1, 1992, andJanuary 1, 2003; previously amended and renumbered as rule 3.1304 effective January 1, 2007.