(a) Prevailing party to prepare Unless the parties waive notice or the court orders otherwise, the party prevailing on any motion must, within five days of the ruling, serve by any means authorized by law and reasonably calculated to ensure delivery to the other party or parties no later than the close of the next business day a proposed order for approval as conforming to the court’s order. Within five days after service, the other party or parties must notify the prevailing party as to whether or not the proposed order is so approved. The opposing party or parties must state any reasons for disapproval. Failure to notify the prevailing party within the time required shall be deemed an approval. The extensions of time based on a method of service provided under any statute or rule do not apply to this rule. (Subd (a) amended effective January 1, 2011; previously amended effective July 1, 2000, and January 1, 2007.)
Rule 3.1312.Preparation and submission of proposed order
Division 11. Law and Motion · Chapter 5. Noticed Motions · Last amended 2011 · Last verified July 29, 2026
In one sentenceRule 3.1312 sets the after-the-ruling paperwork routine for California motions — the prevailing party drafts a proposed order, the other side gets five days to approve it or state objections, and the prevailing party then submits the order to the court along with a report on what the other side said.
Full Text of Rule 3.1312
(b) Submission of proposed order to court The prevailing party must, upon expiration of the five-day period provided for approval, promptly transmit the proposed order to the court together with a summary of any responses of the other parties or a statement that no responses were received. (Subd (b) amended effective January 1, 2007; previously amended effective July 1, 2000.)
(c) Submission of proposed order by electronic means If a proposed order is submitted to the court electronically in a case in which the parties are electronically filing documents under rules 2.250–2.261, two versions of the proposed order must be submitted:
(1) A version of the proposed order must be attached to a completed Proposed Order (Cover Sheet) (form EFS-020), and the combined document in Portable Document Format (PDF) must be filed electronically; and
(2) A version of the proposed order in an editable word-processing format must also be sent electronically to the court, with a copy of the e-mail and proposed order also being sent to all parties in the action. Each court that provides for electronic filing must provide an electronic address or addresses to which the editable versions of proposed orders are to be sent and must specify any particular requirements regarding the editable word-processing format for proposed orders. (Subd (c) adopted effective January 1, 2011.)
(d) Failure of prevailing party to prepare proposed order If the prevailing party fails to prepare and submit a proposed order as required by (a) and (b) above, any other party may do so. (Subd (d) amended and relettered effective January 1, 2011; adopted as subd (c); previously amended effective July 1, 2000.)
(e) Motion unopposed This rule does not apply if the motion was unopposed and a proposed order was submitted with the moving papers, unless otherwise ordered by the court. (Subd (e) relettered effective January 1, 2011; adopted as subd (d) effective July 1, 2000; previously amended effective January 1, 2007.)
Plain-English Summary
After a judge rules on a motion, someone still has to turn that ruling into a signed order, and rule 3.1312 puts that job on the winning party by default. Unless the parties waive notice or the court orders otherwise, the prevailing party must, within five days of the ruling, serve a proposed order on the other side. The other party then has five days after service to approve it or state reasons for disapproving it; staying silent within that window counts as approval.
Once that five-day response period runs out, rule 3.1312(b) requires the prevailing party to promptly send the proposed order to the court, along with either a summary of the other side's responses or a statement that none were received, so the judge sees both the proposed language and any objections before signing. In cases using electronic filing, rule 3.1312(c) requires two versions of the order — a signed PDF filed with a Proposed Order cover sheet, and a separate editable word-processing version sent directly to the court and copied to all parties.
Two backstops close out the rule. If the prevailing party never prepares and submits a proposed order as required, rule 3.1312(d) lets any other party do it instead. And rule 3.1312(e) exempts unopposed motions where a proposed order already accompanied the original moving papers, since there is no dispute left to work through.
Frequently Asked Questions
Who has to prepare the proposed order after winning a motion in California?
The prevailing party, within five days of the ruling, unless the parties waive notice or the court orders otherwise, under rule 3.1312(a).
How long does the other side have to object to a proposed order in California?
Five days after service of the proposed order. Failing to respond within that time counts as approval, under rule 3.1312(a).
What happens if the prevailing party never submits a proposed order to the court?
Any other party may prepare and submit it instead, under rule 3.1312(d).
Does rule 3.1312 apply to unopposed motions?
No, not if a proposed order already accompanied the original moving papers, unless the court orders otherwise, under rule 3.1312(e).
Amendment History
Rule 3.1312 amended effective January 1, 2011; adopted as rule 391 effective July 1, 1992; previously amended effective July 1, 2000; previously amended and renumbered 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: who drafts order after motion Californiaproposed order approval deadline CaliforniaEFS-020 proposed order cover sheet California