Except as provided in section 166 of this code, motions must be made in the court in which the action is pending.
§ 1004.Venue For Making Motions
Title 14. Of Miscellaneous Provisions · Chapter 4. Motions and Orders · Last amended 1933 · Last verified July 28, 2026
In one sentenceSection 1004 requires that, apart from the exception in § 166, motions be made in the court where the underlying action is pending, rather than in some other court.
Full Text of § 1004
Plain-English Summary
This is a short venue rule with an easy application: motions belong in the court where the case already is. Except as § 166 separately provides, a motion has to be made in the court in which the action is pending, not filed in some other courthouse or department that happens to be more convenient.
That rule keeps motion practice tied to the judge and file already handling the case, which matters for everything from scheduling under § 1005 to the transfer procedure in § 1006 for a judge who becomes unavailable to hear a motion set before them.
Frequently Asked Questions
Where must a motion be filed in a California civil action?
In the court in which the action is pending, except as § 166 provides otherwise.
Can a party choose a different, more convenient court for a motion?
No. Section 1004 ties motion venue to the court where the underlying action is already pending.
Amendment History
Amended by Stats. 1933, Ch. 744.
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: venue for motions californiawhere to file a motion california