California Rules of Court CRC Rule 3.1300. Time for filing and service of motion papers
Current as of: January 1, 2023
Rule 3.1300. Time for filing and service of motion papers
(a) In general
Unless otherwise ordered or specifically provided by law, all moving and supporting papers must be served and filed in accordance with Code of Civil Procedure section 1005 and, when applicable, the statutes and rules providing for electronic filing and service.
(Subd (a) amended effective January 1, 2016; previously amended effective January 1, 2000, and January 1, 2007.)
(b) Order shortening time
The court, on its own motion or on application for an order shortening time supported by a declaration showing good cause, may prescribe shorter times for the filing and service of papers than the times specified in Code of Civil Procedure section 1005.
(Subd (b) adopted effective January 1, 2000.)
(c) Time for filing proof of service
Proof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.
(Subd (c) amended effective January 1, 2007; adopted as subd (b); previously relettered effective January 1, 2000.)
(d) Filing of late papers
No paper may be rejected for filing on the ground that it was untimely submitted for filing. If the court, in its discretion, refuses to consider a late filed paper, the minutes or order must so indicate.
(Subd (d) amended effective January 1, 2007; adopted as subd (c) effective January 1, 1992; previously amended and relettered effective January 1, 2000.)
(e) Computation of time
A paper submitted before the close of the clerk’s office to the public on the day the paper is due is deemed timely filed. Under rules 2.253(b)(7) and 2.259(c), a court may provide by local rule that a paper that is required to be filed electronically and that is received electronically by the court before midnight on a court day is deemed filed on that court day.
(Subd (e) amended effective January 1, 2016; adopted as subd (d) effective January 1, 1992; previously relettered as subd (e) effective January 1, 2000.)
Rule 3.1300 amended effective January 1, 2016; adopted as rule 317 effective January 1, 1984; previously amended effective January 1, 1992, and January 1, 2000; previously amended and renumbered as rule 3.1300 effective January 1, 2007.