(a) Papers filed in clerk’s office Unless otherwise provided by local rule or specified in a court’s protocol for electronic filing, all papers relating to a law and motion proceeding must be filed in the clerk’s office. (Subd (a) amended effective January 1, 2016; previously amended effective January 1, 2007.)
Rule 3.1302.Place and manner of filing
Division 11. Law and Motion · Chapter 5. Noticed Motions · Last amended 2017 · Last verified July 29, 2026
In one sentenceRule 3.1302 sets the default filing location for law and motion papers as the clerk's office, and lays out what a party must do when lodging material with the court instead of filing it, including how paper and electronic lodged material gets returned or deleted after the matter is decided.
Full Text of Rule 3.1302
(b) Requirements for lodged material Material lodged physically with the clerk must be accompanied by an addressed envelope with sufficient postage for mailing the material. Material lodged electronically must clearly specify the electronic address to which a notice of deletion may be sent. After determination of the matter, the clerk may mail or send the material if in paper form back to the party lodging it. If the lodged material is in electronic form, the clerk may permanently delete it after sending notice of the deletion to the party who lodged the material. (Subd (b) amended effective January 1, 2017; previously amended effective January 1, 2007, and January 1, 2016.)
Plain-English Summary
Filing and lodging are not the same thing. Filing makes a document part of the court's permanent record of the case. Lodging deposits material with the court temporarily, often so the judge can review it before deciding whether it should become part of the record at all. Rule 3.1302(a) handles the more common situation: unless a local rule or a court's electronic-filing protocol says otherwise, papers relating to a law and motion proceeding get filed in the clerk's office.
Rule 3.1302(b) covers the housekeeping around lodged material. Anything lodged in paper form must come with a stamped, addressed envelope so the clerk can mail it back later. Anything lodged electronically must come with an electronic address the clerk can use to send a notice of deletion. Once the court has ruled on whatever the lodged material was submitted to support, the clerk may return the paper material by mail or send it back, and may permanently delete the electronic material after notifying the party who lodged it.
Frequently Asked Questions
What is the difference between filing and lodging a document in California civil court?
Filing makes a document part of the official case record. Lodging deposits material with the court temporarily, typically for the court's review, without making it part of the filed record.
Where do you file law and motion papers in a California superior court?
In the clerk's office, under rule 3.1302(a), unless a local rule or the court's electronic-filing protocol directs otherwise.
What happens to lodged material after the court rules on the related motion?
The clerk may mail or return paper material to the party who lodged it, or, for electronic material, permanently delete it after sending notice of the deletion, under rule 3.1302(b).
Amendment History
Rule 3.1302 amended effective January 1, 2017; adopted as rule 319 effective January 1, 1984; previously amended and renumbered as rule 3.1302 effective January 1, 2007; previously amended effective January 1, 2016.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
Also known as: lodging documents California courtwhere to file motion papers superior court Californiareturn of lodged exhibits California court