(a) When a motion is granted or denied, unless the court otherwise orders, notice of the court's decision or order shall be given by the prevailing party to all other parties or their attorneys, in the manner provided in this chapter, unless notice is waived by all parties in open court and is entered in the minutes.
§ 1019.5.Notice When Motion Granted Or Denied
Title 14. Of Miscellaneous Provisions · Chapter 5. Notices, and Filing and Service of Papers · Last amended 1993 · Last verified July 28, 2026
In one sentenceSection 1019.5 requires the prevailing party to give notice when a motion is granted or denied, or requires the court itself to give notice when it rules on its own motion, unless all parties waive notice in open court and the waiver is entered in the minutes.
Full Text of § 1019.5
(b) When a motion is granted or denied on the court's own motion, notice of the court's order shall be given by the court in the manner provided in this chapter, unless notice is waived by all parties in open court and is entered in the minutes.
Plain-English Summary
After a motion is decided, someone has to tell the other side. This section puts that job on the prevailing party by default: unless the court orders otherwise, the party who won the motion has to give notice of the court's decision or order to all other parties or their attorneys, following the service methods this chapter otherwise provides.
When the court rules on a motion of its own accord, rather than in response to a party's request, the obligation shifts to the court itself, which must give notice of its order the same way. Either version of this notice requirement disappears if every party waives notice in open court and that waiver gets entered in the minutes.
Frequently Asked Questions
Who has to give notice when a motion is granted or denied?
The prevailing party, unless the court orders otherwise or all parties waive notice in open court with the waiver entered in the minutes.
Who gives notice if the court rules on its own motion?
The court itself gives the notice, under the same waiver exception that applies to party-initiated motions.
Amendment History
Amended by Stats. 1992, Ch. 1348, Sec. 6. Effective January 1, 1993.
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
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