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HomeCode of Civil ProcedurePRELIMINARY PROVI...Pt. 2Ch. 4§ 1005 Written Notice Motion Requirements

§ 1005 Written Notice Motion Requirements

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

§ 1005 Written Notice Motion Requirements

This law says you must give written notice before certain court hearings, and it explains how many days before the hearing you need to send the notice depending on how you send it.

Key Takeaways

  • •You have to give written notice before certain court hearings.
  • •The notice must be given at least 16 court days before the hearing, plus extra days if you mail it.
  • •If you mail the notice within California, add 5 extra days. If you mail it outside the U.S., add 20 extra days.
  • •If you fax or overnight the notice, add 2 extra days.
  • •The court can sometimes allow a shorter notice time if needed.

Example

You want to ask the court to cancel a default judgment against you because you didn't respond to a lawsuit on time.

You have to tell the other side about your court hearing at least 16 days before the hearing. If you mail the notice within California, you must send it 21 days before the hearing (16 days + 5 extra days for mailing).

How to Calculate

Notice period = 16 court days + extra days (depending on how you send the notice)

  1. Start with 16 court days before the hearing.
  2. Add extra days based on how you send the notice: 5 days for mailing within California, 10 days for mailing outside California but in the U.S., 12 days for mailing to the Secretary of State’s address confidentiality program, or 20 days for mailing outside the U.S.
  3. If you send the notice by fax, express mail, or overnight delivery, add 2 extra days instead.

You are mailing a notice to someone in California for a hearing on June 15.

Result: You must mail the notice by May 21 (16 court days + 5 mailing days = 21 days total before June 15).

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

Official Source
View on CA.gov

§ 1005 Written Notice Motion Requirements

(a) Written notice shall be given, as prescribed in subdivisions (b) and (c), for the following motions: (1) Notice of Application and Hearing for Writ of Attachment under Section 484.040. (2) Notice of Application and Hearing for Claim and Delivery under Section 512.030. (3) Notice of Hearing for Claim of Exemption under Section 706.105. (4) Motion to Quash Summons pursuant to subdivision (b) of Section 418.10. (5) Motion for Determination of Good Faith Settlement pursuant to Section 877.6. (6) Hearing for Discovery of Peace Officer Personnel Records in a civil action pursuant to Section 1043 of the Evidence Code. (7) Notice of Hearing of Third-Party Claim pursuant to Section 720.320. (8) Motion for an Order to Attend Deposition more than 150 miles from deponent’s residence pursuant to Section 2025.260. (9) Notice of Hearing of Application for Relief pursuant to Section 946.6 of the Government Code. (10) Motion to Set Aside Default or Default Judgment and for Leave to Defend Actions pursuant to Section 473.5. (11) Motion to Expunge Notice of Pendency of Action pursuant to Section 405.30. (12) Motion to Set Aside Default and for Leave to Amend pursuant to Section 585.5. (13) Any other proceeding under this code in which notice is required, and no other time or method is prescribed by law or by court or judge. (b) Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court. However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, 12 calendar days if the place of address is the Secretary of State’s address confidentiality program (Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code), and 20 calendar days if either the place of mailing or the place of address is outside the United States, and if the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 16-day period of notice before the hearing shall be increased by two calendar days. Section 1013, which extends the time within which a right may be exercised or an act may be done, does not apply to a notice of motion, papers opposing a motion, or reply papers governed by this section. All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days, and all reply papers at least five court days before the hearing. The court, or a judge thereof, may prescribe a shorter time. (c) Notwithstanding any other provision of this section, all papers opposing a motion and all reply papers shall be served by personal delivery, facsimile transmission, express mail, or other means consistent with Sections 1010, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time the opposing papers or reply papers, as applicable, are filed. This subdivision applies to the service of opposition and reply papers regarding motions for summary judgment or summary adjudication, in addition to the motions listed in subdivision (a). The court, or a judge thereof, may prescribe a shorter time. (Amended by Stats. 2022, Ch. 686, Sec. 1. (AB 1726) Effective January 1, 2023.)

Last verified: January 9, 2026

Key Terms

Written noticeMotion to Quash SummonsNotice of Application and Hearing for Writ of Attachment16 court daysmoving and supporting papers

Related Statutes

  • § 1003 Order Motion Definition
  • § 1004 Motion Court Location Requirement
  • § 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 1005.
View Official Source