Every direction of a court or judge, made or entered in writing, and not included in a judgment, is denominated an order. An application for an order is a motion.
§ 1003.Direction of Court Denominated Order; Application For Order Is Motion
Title 14. Of Miscellaneous Provisions · Chapter 4. Motions and Orders · Last amended 1951 · Last verified July 28, 2026
In one sentenceSection 1003 defines an "order" as any written direction from a court or judge that isn't part of a judgment, and defines a "motion" as an application asking the court to make one.
Full Text of § 1003
Plain-English Summary
Chapter 4 opens with the basic vocabulary the rest of motion practice relies on. Every direction of a court or judge, made or entered in writing, and not included in a judgment, is what this code calls an order. An application asking for one of those orders is what it calls a motion.
These are simple definitions, but they carry weight throughout the rest of this title. Section 1004's venue rule, § 1005's notice requirements, and § 1008's reconsideration procedure all build on the idea that a motion is a request and an order is the court's written response to it, distinct from a judgment that finally resolves a case or a claim.
Frequently Asked Questions
What is an "order" under California civil procedure?
Every direction of a court or judge, made or entered in writing, that isn't included in a judgment.
What is a "motion"?
An application for an order.
Why does this distinction matter?
The rest of Chapter 4 and Chapter 5 — venue for motions, notice requirements, and reconsideration procedure — all use these terms as their basic building blocks.
Amendment History
Amended by Stats. 1951, Ch. 1737.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: definition of motion californiawhat is a court order california civil procedure