California

Civil Procedure

Civil Procedure

Rule 3.1306 – Evidence at hearing

(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.

(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.)

Cal. R. Ct. 3.1306

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.