Motions and Orders

Part 2, Title 14, Chapter 4 of the Code of Civil Procedure deals with motions and orders in civil actions in California.

Section 1003 provides that 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.

Section 1004 states that motions must be made in the court in which the action is pending.

Section 1005 requires written notice to be given for the thirteen specified motions. All moving and supporting papers are to be served and filed at least 16 court days before the hearing. The moving and supporting papers served must be a copy of the papers filed or to be filed with the court.

Section 1005.5 specifies that a motion upon all the grounds stated in the written notice 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 does not deprive a party of a hearing of the motion to which he is otherwise entitled.

Section 1006 states that, 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.

Section 1008 provides that, 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, 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 is required to 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.

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.

A violation of this section may be punished as a contempt and with sanctions as allowed. 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.