A motion upon all the grounds stated in the written notice thereof is deemed to have been made and to be pending before the court for all purposes, upon the due service and filing of the notice of motion, but this shall not deprive a party of a hearing of the motion to which he is otherwise entitled. Procedure upon a motion for new trial shall be as otherwise provided.
§ 1005.5.Motion Deemed Made and Pending Upon Service and Filing
Title 14. Of Miscellaneous Provisions · Chapter 4. Motions and Orders · Enacted 1953 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 1005.5 provides that once a notice of motion is properly served and filed, the motion is deemed made and pending before the court on every ground stated in the notice, without cutting off the moving party's right to an actual hearing.
Full Text of § 1005.5
Plain-English Summary
This short section closes a procedural gap: it treats a motion as legally pending the moment its notice is duly served and filed, on every ground the notice states, rather than waiting for the hearing date to arrive. That matters for questions like whether a motion is timely or whether it counts as already before the court for other procedural purposes.
The section is careful not to let that fiction substitute for an actual hearing — a party who is otherwise entitled to be heard on the motion still gets that hearing. New trial motions are carved out entirely; their procedure is governed elsewhere.
Frequently Asked Questions
When is a motion considered "made and pending" before the court?
Upon the due service and filing of the notice of motion, on all the grounds stated in that notice.
Does this deprive a party of an actual hearing on the motion?
No. Section 1005.5 expressly preserves the hearing for a party otherwise entitled to one.
Does this section apply to motions for a new trial?
No. It states that the procedure on a motion for new trial is governed elsewhere.
Amendment History
Added by Stats. 1953, Ch. 909.
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: motion deemed pending california