A motion to vacate judgment under Code of Civil Procedure section 663 must be heard and determined by the judge who presided at the trial; provided, however, that in case of the inability or death of such judge or if at the time noticed for the hearing thereon he is absent from the county where the trial was had, the motion may be heard and determined by another judge of the same court.
Rule 3.1602.Hearing of motion to vacate judgment
Division 16. Post-trial · Last amended 2007 · Last verified July 29, 2026
In one sentenceRule 3.1602 assigns a motion to vacate judgment under Code of Civil Procedure section 663 to the judge who presided at trial, and allows another judge of the same court to hear it only if the trial judge has died, is unable to serve, or is absent from the county when the hearing is set.
Full Text of Rule 3.1602
Plain-English Summary
A motion to vacate judgment asks the court to set aside a judgment already entered and substitute a different one based on the facts found at trial. Rule 3.1602 keeps that decision with the judge who has the most direct knowledge of the case: the one who presided at trial.
The rule allows only a narrow substitution. Another judge of the same court can step in if the trial judge has died, is unable to serve, or is out of the county on the date set for the hearing. Outside those circumstances, a different judge does not take over the motion, even if that judge sits on the same bench and happens to be available.
Frequently Asked Questions
Who hears a motion to vacate judgment in a California civil case?
The judge who presided at trial, under Rule 3.1602 and Code of Civil Procedure section 663.
Can a different judge hear a motion to vacate judgment?
Only if the trial judge has died, cannot serve, or is absent from the county on the hearing date, under Rule 3.1602, in which case another judge of the same court may hear it.
Amendment History
Rule 3.1602 amended and renumbered effective January 1, 2007; adopted as rule 236 effective January 1, 1949.
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: motion to vacate judgment which judge CaliforniaCCP 663 motion hearing ruleCRC rule 3.1602