(a) General schedule The clerk must post electronically and at the courthouse a 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.)
Rule 3.1304.Time of hearing
Division 11. Law and Motion · Chapter 5. Noticed Motions · Last amended 2016 · Last verified July 29, 2026
In one sentenceRule 3.1304 covers the mechanics of the law and motion calendar — the posted hearing schedule, the moving party's duty to alert the court when a motion will not go forward, a party's option to submit a matter without appearing, and what the court may do when nobody shows up.
Full Text of Rule 3.1304
(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. (Subd (b) amended effective January 1, 2003.)
(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. (Subd (c) amended effective January 1, 2003; previously amended effective January 1, 1992.)
(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. (Subd (d) amended effective January 1, 2003; previously amended and relettered effective January 1, 1992.)
Plain-English Summary
Before any motion gets argued, it has to land on a calendar, and rule 3.1304(a) requires the clerk to post a general schedule, electronically and at the courthouse, showing the days and departments assigned to each type of law and motion hearing. Rule 3.1304(b) then puts a duty on the moving party specifically: if the motion is not going to be heard on its scheduled date, that party must tell the court immediately, rather than let the court and other parties prepare for a hearing that will not happen.
Not every hearing needs a live appearance. Rule 3.1304(c) lets any party give notice that it will not appear and instead submit the matter on the papers, and the court must rule on the motion as though that party had shown up. That option cuts both ways for a party who skips a hearing without giving that notice: under rule 3.1304(d), if a party fails to appear without having given notice of nonappearance, the court can either take the matter off calendar, so it can be reset only by motion, or go ahead and rule on it anyway.
Frequently Asked Questions
Do you have to appear in person at a California law and motion hearing?
Not necessarily. Rule 3.1304(c) lets a party give notice that it will not appear and submit the matter on the papers, and the court must still rule as if that party had appeared.
What happens if nobody appears at a scheduled California motion hearing?
Under rule 3.1304(d), if a party fails to appear without having given notice of nonappearance, the court may take the matter off calendar for resetting only on motion, or may rule on it.
Does the moving party have to notify the court if a motion will not be heard as scheduled?
Yes. Rule 3.1304(b) requires the moving party to notify the court immediately if the matter will not be heard on the scheduled date.
Amendment History
Rule 3.1304 amended effective January 1, 2016; adopted as rule 321 effective January 1, 1984; previously amended effective January 1, 1992, and January 1, 2003; previously amended and renumbered as rule 3.1304 effective January 1, 2007.
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: submit on the papers California motionnotice of non-appearance law and motion Californiawhat happens if no one shows up to motion hearing