California

Civil Procedure

Civil Procedure

Rule 3.2107 – Request for court order

(a) Request before trial If a party files a written request for a court order before the hearing on the claim, the requesting party must mail, personally deliver, or if agreed on by the parties electronically serve a copy to all other parties in the case. The other parties must be given an opportunity to answer or respond to the request before or at the hearing. This subdivision does not apply to a request to postpone the hearing date if the plaintiff’s claim has not been served.

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

(b) Request after trial If a party files a written request for a court order after notice of entry of judgment, the clerk must send a copy of the request to all other parties in the action. A party has 10 calendar days from the date on which the clerk sent the request to file a response before the court makes an order. The court may schedule a hearing on the request, except that if the request is to vacate the judgment for lack of appearance by the plaintiff, the court must hold a hearing. The court may give notice of any scheduled hearing with notice of the request, but the hearing must be scheduled at least 11 calendar days after the clerk has sent the request.

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

Cal. R. Ct. 3.2107

Rule 3.2107 amended effective January 1, 2016; adopted effective January 1, 2007.