(a) Notice In an unlawful detainer action or other action brought under chapter 4 of title 3 of part 3 of the Code of Civil Procedure (commencing with section 1159), notice of a discovery motion must be given in compliance with Code of Civil Procedure sections 1010.6 or 1013 and 1170.8. (Subd (a) amended effective January 1, 2016.)
Rule 3.1347.Discovery motions in summary proceeding involving possession of real property
Division 11. Law and Motion · Chapter 6. Particular Motions · Article 4. Discovery Motions · Last amended 2016 · Last verified July 29, 2026
In one sentenceRule 3.1347 sets special, faster notice and opposition procedures for discovery motions in unlawful detainer and other real-property possession cases, allowing opposition to be made orally at the hearing or in writing filed the court day before, matching the accelerated pace those cases follow under Code of Civil Procedure section 1170.8.
Full Text of Rule 3.1347
(b) Opposition and reply at hearing Any opposition to the motion and any reply to an opposition may be made orally at the time of hearing or in writing as set forth in (c).
(c) Written opposition in advance of hearing If a party seeks to have a written opposition considered in advance of the hearing, the written opposition must be served and filed on or before the court day before the hearing. Service must be by personal delivery, electronic service, fax transmission, express mail, or other means consistent with Code of Civil Procedure sections 1010, 1010.6, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties no later than the close of business on the court day before the hearing. The court, in its discretion, may consider written opposition filed later. (Subd (c) amended effective January 1, 2016.)
Plain-English Summary
Unlawful detainer cases move fast by design — California law gives eviction proceedings priority on the trial calendar and compresses the usual timelines. Rule 3.1347 carries that urgency into discovery disputes. It applies to discovery motions in unlawful detainer actions and other summary proceedings involving possession of real property, and it ties notice to the timing rules in Code of Civil Procedure section 1170.8 rather than the longer notice periods that apply to ordinary civil motions.
Opposition works differently here too. A party can oppose a discovery motion in one of two ways: standing up at the hearing and arguing orally, or filing written opposition in advance. A party who wants the written opposition considered ahead of time has to file and serve it no later than the court day before the hearing, using a method reasonably calculated to reach the other side by the close of business that day. The court retains discretion to look at a late opposition anyway, but a party cannot count on that discretion being exercised.
The net effect trims the normal discovery-motion timeline down to something that fits inside a case supposed to reach trial within weeks, not months.
Frequently Asked Questions
Do unlawful detainer discovery motions follow the same timeline as regular civil discovery motions?
No. Rule 3.1347 applies the accelerated notice provisions of Code of Civil Procedure section 1170.8 instead of the standard motion notice periods.
Can you oppose a discovery motion at the hearing instead of filing written opposition in an unlawful detainer case?
Yes. Rule 3.1347(b) allows opposition and reply to be made orally at the hearing, or in writing as described in subdivision (c).
When is written opposition due for a discovery motion in an unlawful detainer case?
On or before the court day before the hearing, served by a method reasonably calculated to reach the other party by the close of business that day, under Rule 3.1347(c).
Amendment History
Rule 3.1347 amended effective January 1, 2016; adopted effective January 1, 2009.
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
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