SECTIONS 1003-1008 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1003-1008

1003. Every direction of a court or judge, made or entered in
writing, and not included in a judgment, is denominated an order. An
application for an order is a motion.

1004. Except as provided in section 166 of this code, motions must
be made in the court in which the action is pending.

1005. (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
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, 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.

1005.5. A motion upon all the grounds stated in the written notice
thereof is deemed to have been made and to be pending before the
court for all purposes, upon the due service and filing of the notice
of motion, but this shall not deprive a party of a hearing of the
motion to which he is otherwise entitled. Procedure upon a motion for
new trial shall be as otherwise provided.

1006. When a notice of motion is given, or an order to show cause
is made returnable before a judge out of court, and at the time fixed
for the motion, or on the return day of the order, the judge is
unable to hear the parties, the matter may be transferred by his
order to some other judge, before whom it might originally have been
brought.

1008. (a) When an application for an order has been made to a
judge, or to a court, and refused in whole or in part, or granted, or
granted conditionally, or on terms, any party affected by the order
may, within 10 days after service upon the party of written notice of
entry of the order and based upon new or different facts,
circumstances, or law, make application to the same judge or court
that made the order, to reconsider the matter and modify, amend, or
revoke the prior order. The party making the application shall state
by affidavit what application was made before, when and to what
judge, what order or decisions were made, and what new or different
facts, circumstances, or law are claimed to be shown.
(b) A party who originally made an application for an order which
was refused in whole or part, or granted conditionally or on terms,
may make a subsequent application for the same order upon new or
different facts, circumstances, or law, in which case it shall be
shown by affidavit what application was made before, when and to what
judge, what order or decisions were made, and what new or different
facts, circumstances, or law are claimed to be shown. For a failure
to comply with this subdivision, any order made on a subsequent
application may be revoked or set aside on ex parte motion.
(c) If a court at any time determines that there has been a change
of law that warrants it to reconsider a prior order it entered, it
may do so on its own motion and enter a different order.
(d) A violation of this section may be punished as a contempt and
with sanctions as allowed by Section 128.7. In addition, an order
made contrary to this section may be revoked by the judge or
commissioner who made it, or vacated by a judge of the court in which
the action or proceeding is pending.
(e) This section specifies the court's jurisdiction with regard to
applications for reconsideration of its orders and renewals of
previous motions, and applies to all applications to reconsider any
order of a judge or court, or for the renewal of a previous motion,
whether the order deciding the previous matter or motion is interim
or final. No application to reconsider any order or for the renewal
of a previous motion may be considered by any judge or court unless
made according to this section.
(f) For the purposes of this section, an alleged new or different
law shall not include a later enacted statute without a retroactive
application.
(g) This section applies to all applications for interim orders.