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HomeCode of Civil ProcedurePRELIMINARY PROVI...Pt. 2Ch. 4§ 1004 Motion Court Location Requirement

§ 1004 Motion Court Location Requirement

Code of Civil Procedure·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1004 Motion Court Location Requirement

This law says you have to file motions in the same court where your case is happening.

Key Takeaways

  • •All motions must be filed in the court where your case is already going on.
  • •You can't switch courts for different parts of the same case.
  • •There are some exceptions, but this is the general rule.

Example

If you're suing someone for a car crash in Court A, you can't suddenly file a motion in Court B.

You have to do all your paperwork and requests in the same court where the case started.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1004 Motion Court Location Requirement

Except as provided in section 166 of this code, motions must be made in the court in which the action is pending. (Amended by Stats. 1933, Ch. 744.)

Last verified: January 9, 2026

Key Terms

motionssection 166Stats. 1933, Ch. 744

Related Statutes

  • § 1003 Order Motion Definition
  • § 1005 Written Notice Motion Requirements
  • § 1005.5 Motion Deemed Made Pending
  • § 1006 Motion Transfer When Judge Unavailable
  • § 1008 Reconsideration Of Court Orders

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Code of Civil Procedure. Section 1004.
View Official Source