Title 14. Of Miscellaneous Provisions · Chapter 4. Motions and Orders · Last amended 2023 · Last verified July 28, 2026
In one sentenceSection 1005 lists the motions that require written notice, generally requires moving papers to be served and filed at least sixteen court days before the hearing with extra calendar days added for mail service, and sets nine-court-day and five-court-day deadlines for opposition and reply papers.
(a)Written notice shall be given, as prescribed in subdivisions (b) and (c), for the following motions:
(1)Notice of Application and Hearing for Writ of Attachment under Section 484.040.
(2)Notice of Application and Hearing for Claim and Delivery under Section 512.030.
(3)Notice of Hearing for Claim of Exemption under Section 706.105.
(4)Motion to Quash Summons pursuant to subdivision (b) of Section 418.10.
(5)Motion for Determination of Good Faith Settlement pursuant to Section 877.6.
(6)Hearing for Discovery of Peace Officer Personnel Records in a civil action pursuant to Section 1043 of the Evidence Code.
(7)Notice of Hearing of Third-Party Claim pursuant to Section 720.320.
(8)Motion for an Order to Attend Deposition more than 150 miles from deponent's residence pursuant to Section 2025.260.
(9)Notice of Hearing of Application for Relief pursuant to Section 946.6 of the Government Code.
(10)Motion to Set Aside Default or Default Judgment and for Leave to Defend Actions pursuant to Section 473.5.
(11)Motion to Expunge Notice of Pendency of Action pursuant to Section 405.30.
(12)Motion to Set Aside Default and for Leave to Amend pursuant to Section 585.5.
(13)Any other proceeding under this code in which notice is required, and no other time or method is prescribed by law or by court or judge.
(b)Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court. However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, 12 calendar days if the place of address is the Secretary of State's address confidentiality program (Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code), and 20 calendar days if either the place of mailing or the place of address is outside the United States, and if the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 16-day period of notice before the hearing shall be increased by two calendar days. Section 1013, which extends the time within which a right may be exercised or an act may be done, does not apply to a notice of motion, papers opposing a motion, or reply papers governed by this section. All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days, and all reply papers at least five court days before the hearing. The court, or a judge thereof, may prescribe a shorter time.
(c)Notwithstanding any other provision of this section, all papers opposing a motion and all reply papers shall be served by personal delivery, facsimile transmission, express mail, or other means consistent with Sections 1010, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time the opposing papers or reply papers, as applicable, are filed. This subdivision applies to the service of opposition and reply papers regarding motions for summary judgment or summary adjudication, in addition to the motions listed in subdivision (a). The court, or a judge thereof, may prescribe a shorter time.
Plain-English Summary
This is the workhorse timing statute for California civil motions. Subdivision (a) lists thirteen categories of motions that require written notice — attachment and claim-and-delivery applications, motions to quash summons, good-faith settlement determinations, motions to set aside default, motions to expunge a lis pendens, and a catch-all for any other proceeding where notice is required but no other timing rule applies, among others.
Subdivision (b) sets the default clock: moving and supporting papers must be served and filed at least sixteen court days before the hearing, and served papers must match what's filed with the court. Service by mail adds calendar days on top of that sixteen-day period — five more days if both mailing and address are within California, ten if either is outside California but within the United States, twelve if the address is the Secretary of State's confidential address program, and twenty if either is outside the United States. Notably, § 1013's general mail-service extension doesn't apply here; this section's own extension is the one that governs motion notices. Opposition papers are due at least nine court days before the hearing, and reply papers at least five court days before — though the court can shorten any of these periods.
Subdivision (c) tightens the return trip: however the opposition or reply gets to the other side, it has to arrive by personal delivery, fax, express mail, or another method reasonably calculated to reach the other party by the close of the next business day after filing. That faster-delivery rule applies to summary judgment and summary adjudication motions too, not just the thirteen categories listed in subdivision (a).
Frequently Asked Questions
How many days before a hearing must a noticed motion be filed and served?
At least sixteen court days before the hearing, under § 1005(b), unless the court orders a shorter period or another statute specifically provides otherwise.
Does mailing the notice add extra time?
Yes. Mail service adds five calendar days if both mailing and address are in California, ten if either is out of state but within the United States, twelve for the Secretary of State's address confidentiality program, and twenty if either is outside the United States — but § 1013's general mail extension doesn't apply to these motion deadlines.
When are opposition and reply papers due?
Opposition papers are due at least nine court days before the hearing, and reply papers at least five court days before, unless the court sets a shorter time.
How fast must opposition and reply papers themselves be served on the other side?
By personal delivery, fax, express mail, or another method reasonably calculated to reach the other party no later than the close of the next business day after filing, per § 1005(c) — a rule that also covers summary judgment and summary adjudication motions.
Amendment History
Amended by Stats 2022 ch 686 (AB 1726),s 1, eff. 1/1/2023. Amended by Stats 2019 ch 585 (AB 1600),s 1, eff. 1/1/2020. Amended by Stats 2005 ch 294 (AB 333),s 3, eff. 1/1/2006 Amended by Stats 2004 ch 182 (AB 3081),s 13, eff. 7/1/2005 Amended by Stats 2004 ch 171 (AB 3078),s 3, eff. 1/1/2005 Amended by Stats 2002 ch 806 (AB 3027),s 16, eff. 1/1/2003.
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:16 court days motion californiamotion notice requirements californiaopposition and reply deadlines california