(a) In any contested action or special proceeding other than a small claims action or an action or proceeding in which a prevailing party is not represented by counsel, the party submitting an order or judgment for entry shall prepare and serve, a copy of the notice of entry of judgment to all parties who have appeared in the action or proceeding and shall file with the court the original notice of entry of judgment together with the proof of service. This subdivision does not apply in a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation.
§ 664.5.Contested Action Or Special Proceeding In Which Prevailing Party Not Represented By Counsel
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 8. The Manner of Giving and Entering Judgment · Last amended 2018 · Last verified July 28, 2026
In one sentenceSection 664.5 requires the party submitting a judgment in a contested action to serve and file notice of its entry on all appearing parties, shifts that duty to the clerk when the prevailing party has no attorney, and lets the court order the clerk to notify the Attorney General whenever a judgment declares a state statute unconstitutional.
Full Text of § 664.5
(b) Promptly upon entry of judgment in a contested action or special proceeding in which a prevailing party is not represented by counsel, the clerk of the court shall serve notice of entry of judgment to all parties who have appeared in the action or special proceeding and shall execute a certificate of service and place it in the court's file in the cause.
(c) For purposes of this section, "judgment" includes any judgment, decree, or signed order from which an appeal lies.
(d) Upon order of the court in any action or special proceeding, the clerk shall serve notice of entry of any judgment or ruling, whether or not appealable.
(e) The Judicial Council shall provide by rule of court that, upon entry of judgment in a contested action or special proceeding in which a state statute or regulation has been declared unconstitutional by the court, the Attorney General is promptly notified of the judgment and that a certificate of that service is placed in the court's file in the cause.
Plain-English Summary
Notice of entry of judgment starts several clocks running — including the new-trial deadlines in §§ 659 and 663a — so this section says who has to send it. In an ordinary contested action or special proceeding, other than small claims or family-law dissolution, nullity, or separation cases, the party submitting the order or judgment for entry has to prepare and serve notice of entry on every party who has appeared, then file the original notice with proof of service.
When the winning side has no lawyer, the clerk takes over that job instead: promptly upon entry, the clerk serves notice on all appearing parties and files a certificate of service in the court's file.
The rest of the section rounds out the definition and reach of "judgment": it includes any judgment, decree, or signed appealable order; a court can order the clerk to serve notice of any judgment or ruling, appealable or not; and when a judgment declares a state statute or regulation unconstitutional, the Judicial Council's rules require prompt notice to the Attorney General, with a certificate of that service placed in the file.
Frequently Asked Questions
Who serves notice of entry of judgment in a contested case?
The party who submitted the judgment for entry, unless the prevailing party has no attorney, in which case the clerk serves it.
What does "judgment" mean for purposes of this section?
Any judgment, decree, or signed order from which an appeal lies.
Does this section apply to family law dissolution cases?
No, subdivision (a)'s requirement doesn't apply to dissolution, nullity, or legal separation proceedings.
What happens if a judgment declares a state statute unconstitutional?
The Attorney General must be promptly notified, with a certificate of that service placed in the court's file.
Amendment History
Amended by Stats 2017 ch 319 (AB 976),s 1, eff. 1/1/2018. Amended by Stats 2016 ch 703 (AB 2881),s 8, eff. 1/1/2017.
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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