(a) Request before trial If a party files a written request for a court order before the hearing on the claim, the requesting party must mail, personally deliver, or if agreed on by the parties electronically serve a copy to all other parties in the case. The other parties must be given an opportunity to answer or respond to the request before or at the hearing. This subdivision does not apply to a request to postpone the hearing date if the plaintiff’s claim has not been served. (Subd (a) amended effective January 1, 2016.)
Rule 3.2107.Request for court order
Division 21. Rules for Small Claims Actions · Chapter 1. Trial Rules · Last amended 2016 · Last verified July 29, 2026
In one sentenceRule 3.2107 sets service and response procedures for written requests for a court order in small claims cases, distinguishing requests filed before the hearing on the claim from requests filed after judgment, and setting response and hearing deadlines for each.
Full Text of Rule 3.2107
(b) Request after trial If a party files a written request for a court order after notice of entry of judgment, the clerk must send a copy of the request to all other parties in the action. A party has 10 calendar days from the date on which the clerk sent the request to file a response before the court makes an order. The court may schedule a hearing on the request, except that if the request is to vacate the judgment for lack of appearance by the plaintiff, the court must hold a hearing. The court may give notice of any scheduled hearing with notice of the request, but the hearing must be scheduled at least 11 calendar days after the clerk has sent the request. (Subd (b) amended effective January 1, 2016.)
Plain-English Summary
Small claims litigants sometimes need the court to act on something outside the main claim itself — postponing a hearing, correcting a problem after judgment, or another order. Rule 3.2107 splits these written requests into two tracks depending on timing. A pretrial request must be mailed, personally delivered, or, if the parties agree, served electronically on every other party by the requesting party, and the others must get a chance to respond before or at the hearing. That service requirement does not apply to a request to postpone the hearing when the plaintiff has not yet served the claim, since there would be no one yet to serve.
A post-judgment request works differently. Once notice of entry of judgment has gone out, the clerk — not the requesting party — sends a copy of the request to the other parties. Those parties then have 10 calendar days from the clerk’s mailing to respond before the court rules. The court has discretion whether to hold a hearing, except for one situation where a hearing is mandatory: a request to vacate the judgment because the plaintiff failed to appear. Any hearing the court does schedule must be set at least 11 calendar days after the clerk sends out the request, giving the other side a real chance to be heard.
Frequently Asked Questions
Who serves a pretrial request for a court order in small claims court?
The party making the request. Rule 3.2107(a) requires that party to mail, personally deliver, or, if the parties agree, electronically serve a copy on all other parties, who then get a chance to respond before or at the hearing.
Who serves a post-judgment request for a court order in small claims court?
The clerk, not the requesting party. Rule 3.2107(b) requires the clerk to send a copy of the request to the other parties, who then have 10 calendar days from that mailing to respond.
Is a hearing required on a post-judgment small claims request?
Only in one situation: a request to vacate the judgment for the plaintiff’s failure to appear requires a hearing. Otherwise, Rule 3.2107(b) leaves scheduling a hearing to the court’s discretion.
Amendment History
Rule 3.2107 amended effective January 1, 2016; adopted 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: request for court order small claims Californiamotion to vacate small claims judgment procedurehow to postpone small claims hearing