Notices must be in writing, and the notice of a motion, other than for a new trial, must state when, and the grounds upon which it will be made, and the papers, if any, upon which it is to be based. If any such paper has not previously been served upon the party to be notified and was not filed by him, a copy of such paper must accompany the notice. Notices and other papers may be served upon the party or attorney in the manner prescribed in this chapter, when not otherwise provided by this code. No bill of exceptions, notice of appeal, or other notice or paper, other than amendments to the pleadings, or an amended pleading, need be served upon any party whose default has been duly entered or who has not appeared in the action or proceeding.
§ 1010.Requirements of Notices; Service of Notices and Other Papers
Title 14. Of Miscellaneous Provisions · Chapter 5. Notices, and Filing and Service of Papers · Last amended 1935 · Last verified July 28, 2026
In one sentenceSection 1010 requires notices to be in writing, requires a notice of motion to state when and on what grounds it will be made and what papers it relies on, requires unserved papers to accompany the notice, and excuses service on parties who have defaulted or never appeared.
Full Text of § 1010
Plain-English Summary
This is Chapter 5's opening rule for how notices work generally. Every notice has to be in writing. A notice of any motion other than one for new trial has to state when the motion will be made, the grounds it rests on, and what papers, if any, support it. If a supporting paper hasn't already been served on the other side and wasn't filed by that party, a copy has to travel along with the notice itself.
Beyond that, notices and other papers get served on the party or attorney using whatever method this chapter prescribes, unless some other part of the code sets a different rule. And the section spares one category of litigant from routine service entirely: a defendant whose default has been duly entered, or who hasn't appeared in the action at all, generally doesn't need to be served with notices or papers — with narrow exceptions for amendments to the pleadings or an amended pleading.
Frequently Asked Questions
Do notices have to be in writing?
Yes, § 1010 requires notices to be in writing.
What must a notice of motion state?
When the motion will be made, the grounds on which it will be made, and the papers, if any, it's based on.
Does a defaulted defendant need to be served with every paper filed in the case?
No. Once a defendant's default has been duly entered, or if the defendant has never appeared, most notices and papers don't need to be served on that defendant, apart from amendments or amended pleadings.
Amendment History
Amended by Stats. 1935, Ch. 722.
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: notice of motion requirements californiaservice on defaulted defendant california