When a notice of motion is given, or an order to show cause is made returnable before a judge out of court, and at the time fixed for the motion, or on the return day of the order, the judge is unable to hear the parties, the matter may be transferred by his order to some other judge, before whom it might originally have been brought.
§ 1006.Transfer of Matter to Some Other Judge
Title 14. Of Miscellaneous Provisions · Chapter 4. Motions and Orders · Last amended 1951 · Last verified July 28, 2026
In one sentenceSection 1006 lets a judge who is unavailable to hear a noticed motion, or an order to show cause returnable out of court, transfer the matter by order to another judge who could originally have heard it.
Full Text of § 1006
Plain-English Summary
This section handles a scheduling problem rather than a substantive one: what happens when the judge set to hear a motion, or an order to show cause returnable outside court, isn't available at the appointed time. Rather than forcing the parties to start over, the unavailable judge can transfer the matter, by order, to another judge before whom the motion could originally have been brought.
That keeps a properly noticed motion under § 1005 from stalling just because of a single judge's calendar, and it dovetails with § 1004's venue rule — the transfer has to go to a judge who could have heard the matter in the same court to begin with.
Frequently Asked Questions
What happens if the judge set to hear a motion can't hear it at the scheduled time?
The matter may be transferred, by that judge's order, to another judge before whom it could originally have been brought.
Does this apply to orders to show cause as well as motions?
Yes, § 1006 covers both a notice of motion and an order to show cause made returnable before a judge out of court.
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: transfer motion to another judge california