Rule 3.1109.Notice of determination of submitted matters
Division 11. Law and Motion · Chapter 1. General Provisions · Last amended 2016 · Last verified July 29, 2026
Full Text of Rule 3.1109
Plain-English Summary
When a judge takes a motion under submission — meaning the hearing is over but the ruling comes later — Rule 3.1109 puts the burden on the clerk, not the parties, to spread the word. As soon as the court rules, the clerk must identify the matter and get a copy of the ruling, order, or judgment to everyone involved, whether by mail or electronic service. That notice only counts as formal service of notice, though, in the specific situations where Code of Civil Procedure section 664.5 already requires the clerk to give notice.
In cases with more than two parties, the rule adds a labeling requirement: whatever notice goes out, whether from the clerk or from a party serving its own notice of the ruling, has to name the moving party, the party the relief was sought against, and the particular motion involved. That level of detail matters once a case has enough parties that a bare statement that “the motion was granted” would leave everyone guessing which motion and whose. Finally, the rule makes clear that if the clerk drops the ball and never sends the notice, that failure does not buy anyone extra time — except for the specific appellate deadlines under rules 8.104(a) and 8.822(a), the clock on other deadlines keeps running regardless.
Frequently Asked Questions
If the clerk never sends me notice of a ruling, do I get more time to act on it?
Generally no. Rule 3.1109(c) states that the clerk’s failure to give notice does not extend the time the law allows for taking action, with two narrow exceptions built into the appellate deadline rules at rules 8.104(a) and 8.822(a).
Does the clerk’s notice under this rule count as formal service of the ruling?
Only when Code of Civil Procedure section 664.5 already requires the clerk to serve notice. Otherwise, the clerk’s notification under Rule 3.1109 is informational rather than a substitute for service that a party is separately responsible for.
What has to be included in a notice of ruling when a case has several parties?
Rule 3.1109(b) requires the notice to name the party who brought the motion, the party the relief was sought against, and the specific motion or matter the court ruled on.
Amendment History
Rule 3.1109 amended effective January 1, 2016; adopted as rule 309 effective January 1, 1984; previously amended and renumbered as rule 3.1109 effective January 1, 2007.