California Rules of Court (Revised July 1, 2016)

printer-friendly version

Back to Master Table of Contents

• Title 3. Civil Rules

---

• Division 1. General Provisions
• Chapter 1. Preliminary Rules
• Rule 3.1. Title
• Chapter 2. Scope of the Civil Rules
• Rule 3.10. Application
• Rule 3.20. Preemption of local rules
• Chapter 3. Attorneys
• Rule 3.35. Definition of limited scope representation; application of rules
• Rule 3.36. Notice of limited scope representation and application to be relieved as attorney
• Rule 3.37. Nondisclosure of attorney assistance in preparation of court documents
• Division 2. Waiver of Fees and Costs
• Rule 3.50. Application of rules
• Rule 3.51. Method of application
• Rule 3.52. Procedure for determining application
• Rule 3.53. Application granted unless acted on by the court
• Rule 3.54. Confidentiality
• Rule 3.55. Court fees and costs included in all initial fee waivers
• Rule 3.56. Additional court fees and costs that may be included in initial fee waiver
• Rule 3.57. Amount of lien for waived fees and costs
• Rule 3.58. Posting notice
• Division 3. Filing and Service
• Chapter 1. Filing
• Rule 3.100. Payment of filing fees by credit or debit card
• Chapter 2. Time for Service
• Rule 3.110. Time for service of complaint, cross-complaint, and response
• Chapter 3. Papers to Be Served
• Rule 3.220. Case cover sheet
• Rule 3.221. Information about alternative dispute resolution
• Rule 3.222. Papers to be served on cross-defendants
• Chapter 4. Miscellaneous
• Rule 3.250. Limitations on the filing of papers
• Rule 3.252. Service of papers on the clerk when a party's address is unknown
• Rule 3.254. List of parties
• Division 4. Parties and Actions
• Chapter 1. [Reserved]
• Chapter 2. Joinder of Parties [Reserved]
• Chapter 3. Related Cases
• Rule 3.300. Related cases
• Chapter 4. Consolidated Cases
• Rule 3.350. Consolidation of cases
• Chapter 5. Complex Cases
• Rule 3.400. Definition
• Rule 3.401. Complex case designation
• Rule 3.402. Complex case counterdesignations
• Rule 3.403. Action by court
• Chapter 6. Coordination of Noncomplex Actions
• Rule 3.500. Transfer and consolidation of noncomplex common-issue actions filed in different courts
• Chapter 7. Coordination of Complex Actions
• Article 1. General Provisions
• Rule 3.501. Definitions
• Rule 3.502. Complex case-determination
• Rule 3.503. Requests for extensions of time or to shorten time
• Rule 3.504. General law applicable
• Rule 3.505. Appellate review
• Rule 3.506. Liaison counsel
• Article 2. Procedural Rules Applicable to All Complex Coordination Proceedings
• Rule 3.510. Service of papers
• Rule 3.511. Papers to be submitted to the Chair of the Judicial Council
• Rule 3.512. Electronic submission of documents to the Chair of the Judicial Council
• Rule 3.513. Service of memorandums and declarations
• Rule 3.514. Evidence presented at court hearings
• Rule 3.515. Motions and orders for a stay
• Rule 3.516. Motions under Code of Civil Procedure section 170.6
• Article 3. Petitions and Proceedings for Coordination of Complex Actions
• Rule 3.520. Motions filed in the trial court
• Rule 3.521. Petition for coordination
• Rule 3.522. Notice of submission of petition for coordination
• Rule 3.523. Service of notice of submission on party
• Rule 3.524. Order assigning coordination motion judge
• Rule 3.525. Response in opposition to petition for coordination
• Rule 3.526. Response in support of petition for coordination
• Rule 3.527. Notice of hearing on petition for coordination
• Rule 3.528. Separate hearing on certain coordination issues
• Rule 3.529. Order granting or denying coordination
• Rule 3.530. Site of coordination proceedings
• Rule 3.531. Potential add-on case
• Rule 3.532. Petition for coordination when cases already ordered coordinated
• Article 4. Pretrial and Trial Rules for Complex Coordinated Actions
• Rule 3.540. Order assigning coordination trial judge
• Rule 3.541. Duties of the coordination trial judge
• Rule 3.542. Remand of action or claim
• Rule 3.543. Transfer of action or claim
• Rule 3.544. Add-on cases
• Rule 3.545. Termination of coordinated action
• Article 5. Administration of Coordinated Complex Actions
• Rule 3.550. General administration by Judicial Council staff
• Division 5. Venue [Reserved]
• Division 6. Proceedings
• Chapter 1. General Provisions [Reserved]
• Chapter 2. Stay of Proceedings
• Rule 3.650. Duty to notify court and others of stay
• Chapter 3. Hearings, Conferences, and Proceedings
• Rule 3.670. Telephone appearance
• Chapter 4. Special Proceedings on Construction-Related Accessibility Claims
• Rule 3.680. Service of Notice of Stay and Early Evaluation Conference
• Rule 3.682. Notice of Mandatory Evaluation Conferences
• Division 7. Civil Case Management
• Chapter 1. General Provisions
• Rule 3.700. Scope and purpose of the case management rules
• Chapter 2. Differential Case Management
• Rule 3.710. Authority
• Rule 3.711. Local court rules
• Rule 3.712. Application and exceptions
• Rule 3.713. Delay reduction goals
• Rule 3.714. Differentiation of cases to achieve goals
• Rule 3.715. Case evaluation factors
• Chapter 3. Case Management
• Rule 3.720. Application
• Rule 3.721. Case management review
• Rule 3.722. Case management conference
• Rule 3.723. Additional case management conferences
• Rule 3.724. Duty to meet and confer
• Rule 3.725. Case Management Statement
• Rule 3.726. Stipulation to alternative dispute resolution
• Rule 3.727. Subjects to be considered at the case management conference
• Rule 3.728. Case management order
• Rule 3.729. Setting the trial date
• Rule 3.730. Case management order controls
• Rule 3.734. Assignment to one judge for all or limited purposes
• Rule 3.735. Management of short cause cases
• Chapter 4. Management of Collections Cases
• Rule 3.740. Collections cases
• Rule 3.741. Settlement of collections case
• Chapter 5. Management of Complex Cases
• Rule 3.750. Initial case management conference
• Rule 3.751. Electronic service
• Chapter 6. Management of Class Actions
• Rule 3.760. Application
• Rule 3.761. Form of complaint
• Rule 3.762. Case conference
• Rule 3.763. Conference order
• Rule 3.764. Motion to certify or decertify a class or amend or modify an order certifying a class
• Rule 3.765. Class action order
• Rule 3.766. Notice to class members
• Rule 3.767. Orders in the conduct of class actions
• Rule 3.768. Discovery from unnamed class members
• Rule 3.769. Settlement of class actions
• Rule 3.770. Dismissal of class actions
• Rule 3.771. Judgment
• Division 8. Alternative Dispute Resolution
• Chapter 1. General Provisions
• Rule 3.800. Definitions
• Chapter 2. Judicial Arbitration
• Rule 3.810. Application
• Rule 3.811. Cases subject to and exempt from arbitration
• Rule 3.812. Assignment to arbitration
• Rule 3.813. Arbitration program administration
• Rule 3.814. Panels of arbitrators
• Rule 3.815. Selection of the arbitrator
• Rule 3.816. Disqualification for conflict of interest
• Rule 3.817. Arbitration hearings; notice; when and where held
• Rule 3.818. Continuances
• Rule 3.819. Arbitrator's fees
• Rule 3.820. Communication with the arbitrator
• Rule 3.821. Representation by counsel; proceedings when party absent
• Rule 3.822. Discovery
• Rule 3.823. Rules of evidence at arbitration hearing
• Rule 3.824. Conduct of the hearing
• Rule 3.825. The award
• Rule 3.826. Trial after arbitration
• Rule 3.827. Entry of award as judgment
• Rule 3.828. Vacating judgment on award
• Rule 3.829. Settlement of case
• Rule 3.830. Arbitration not pursuant to rules
• Chapter 3. General Rules Relating to Mediation of Civil Cases
• Article 1. Procedures for All Court Mediation Programs
• Rule 3.835. Application
• Rule 3.845. Form of mediator statements and reports
• Article 2. Rules of Conduct for Mediators in Court-Connected Mediation Programs for Civil Cases
• Rule 3.850. Purpose and function
• Rule 3.851. Application
• Rule 3.852. Definitions
• Rule 3.853. Voluntary participation and self-determination
• Rule 3.854. Confidentiality
• Rule 3.855. Impartiality, conflicts of interest, disclosure, and withdrawal
• Rule 3.856. Competence
• Rule 3.857. Quality of mediation process
• Rule 3.858. Marketing
• Rule 3.859. Compensation and gifts
• Rule 3.860. Attendance sheet and agreement to disclosure
• Article 3. Requirements for Addressing Complaints About Court-Program Mediators
• Rule 3.865. Application and purpose
• Rule 3.866. Definitions
• Rule 3.867. Complaint coordinator
• Rule 3.868. Complaint procedure required
• Rule 3.869. General requirements for complaint procedures and complaint proceedings
• Rule 3.870. Permissible court actions on complaints
• Rule 3.871. Confidentiality of complaint proceedings, information, and records
• Rule 3.872. Disqualification from subsequently serving as an adjudicator
• Chapter 4. Civil Action Mediation Program Rules
• Rule 3.890. Application
• Rule 3.891. Actions subject to mediation
• Rule 3.892. Panels of mediators
• Rule 3.893. Selection of mediators
• Rule 3.894. Attendance, participant lists, and mediation statements
• Rule 3.895. Filing of Statement of Agreement or Nonagreement by mediator
• Rule 3.896. Coordination with Trial Court Delay Reduction Act
• Rule 3.898. Educational material
• Division 9. References
• Chapter 1. Reference by Agreement of the Parties Under Code of Civil Procedure Section 638
• Rule 3.900. Purposes of reference
• Rule 3.901. Application for order appointing referee
• Rule 3.902. Order appointing referee
• Rule 3.903. Selection and qualifications of referee
• Rule 3.904. Certification and disclosure by referee
• Rule 3.905. Objections to the appointment
• Rule 3.906. Motion to withdraw stipulation
• Rule 3.907. Use of court facilities and court personnel
• Chapter 2. Court-Ordered Reference Under Code of Civil Procedure
• Section 639
• Rule 3.920. Purposes and conditions for appointment of referee
• Rule 3.921. Motion for appointment of a referee
• Rule 3.922. Form and contents of order appointing referee
• Rule 3.923. Selection and qualification of referee
• Rule 3.924. Certification and disclosure by referee
• Rule 3.925. Objection to reference
• Rule 3.926. Use of court facilities
• Chapter 3. Rules Applicable to References Under Code of Civil Procedure Section 638 or 639
• Rule 3.930. Documents and exhibits
• Rule 3.931. Open proceedings, notice of proceedings, and order for hearing site
• Rule 3.932. Motions or applications to be heard by the court
• Division 10. Discovery
• Chapter 1. Format of Discovery
• Rule 3.1000. Format of supplemental and further discovery
• Chapter 2. Conduct of Discovery
• Rule 3.1010. Oral depositions by telephone, videoconference, or other remote electronic means
• Division 11. Law and Motion
• Chapter 1. General Provisions
• Rule 3.1100. Application
• Rule 3.1103. Definitions and construction
• Rule 3.1109. Notice of determination of submitted matters
• Chapter 2. Format of Motion Papers
• Rule 3.1110. General format
• Rule 3.1112. Motions-and other pleadings
• Rule 3.1113. Memorandum
• Rule 3.1114. Applications, motions, and petitions not requiring a memorandum
• Rule 3.1115. Declarations
• Rule 3.1116. Deposition testimony as an exhibit
• Chapter 3. Provisional and Injunctive Relief
• Article 1. General Provisions
• Rule 3.1130. Bonds and undertakings
• Article 2. Writs
• Rule 3.1140. Lodging of record in administrative mandate cases
• Rule 3.1142. Stay of driving license suspension
• Article 3. Injunctions
• Rule 3.1150. Preliminary injunctions and bonds
• Rule 3.1151. Requirements for injunction in certain cases
• Rule 3.1152. Requests for protective orders to prevent civil harassment, workplace violence, private postsecondary school violence, and elder or dependent adult abuse
• Article 4. Receiverships
• Rule 3.1175. Ex parte application for appointment of receiver
• Rule 3.1176. Confirmation of ex parte appointment of receiver
• Rule 3.1177. Nomination of receivers
• Rule 3.1178. Amount of undertakings
• Rule 3.1179. The receiver
• Rule 3.1180. Employment of attorney
• Rule 3.1181. Receiver's inventory
• Rule 3.1182. Monthly reports
• Rule 3.1183. Interim fees and objections
• Rule 3.1184. Receiver's final account and report
• Chapter 4. Ex Parte Applications
• Rule 3.1200. Application
• Rule 3.1201. Required documents
• Rule 3.1202. Contents of application
• Rule 3.1203. Time of notice to other parties
• Rule 3.1204. Contents of notice and declaration regarding notice
• Rule 3.1205. Filing and presentation of the ex parte application
• Rule 3.1206. Service of papers
• Rule 3.1207. Appearance requirements
• Chapter 5. Noticed Motions
• Rule 3.1300. Time for filing and service of motion papers
• Rule 3.1302. Place and manner of filing
• Rule 3.1304. Time of hearing
• Rule 3.1306. Evidence at hearing
• Rule 3.1308. Tentative rulings
• Rule 3.1310. Reporting of proceedings on motions
• Rule 3.1312. Preparation and submission of proposed order
• Chapter 6. Particular Motions
• Article 1. Pleading and Venue Motions
• Rule 3.1320. Demurrers
• Rule 3.1322. Motions to strike
• Rule 3.1324. Amended pleadings and amendments to pleadings
• Rule 3.1326. Motions for change of venue
• Rule 3.1327. Motions to quash or to stay action in summary proceeding involving possession of real property
• Article 2. Procedural Motions
• Rule 3.1330. Motion concerning arbitration
• Rule 3.1332. Motion or application for continuance of trial
• Rule 3.1335. Motion or application to advance, specially set, or reset trial date
• Article 3. Motions to Dismiss
• Rule 3.1340. Motion for discretionary dismissal after two years for delay in prosecution
• Rule 3.1342. Motion to dismiss for delay in prosecution
• Article 4. Discovery Motions
• Rule 3.1345. Format of discovery motions
• Rule 3.1346. Service of motion papers on nonparty deponent
• Rule 3.1347. Discovery motions in summary proceeding involving possession of real property
• Rule 3.1348. Sanctions for failure to provide discovery
• Article 5. Summary Judgment Motions
• Rule 3.1350. Motion for summary judgment or summary adjudication
• Rule 3.1351. Motions for summary judgment in summary proceeding involving possession of real property
• Rule 3.1352. Objections to evidence
• Rule 3.1354. Written objections to evidence
• Article 6. Miscellaneous Motions
• Rule 3.1360. Motion to grant lien on cause of action
• Rule 3.1362. Motion to be relieved as counsel
• Chapter 7. Civil Petitions
• Rule 3.1365. Petitions under the California Environmental Quality Act
• Rule 3.1366. Lodging and service
• Rule 3.1367. Electronic format
• Rule 3.1368. Paper format
• Chapter 8. Other Civil Petitions
• Rule 3.1370. Emancipation of minors
• Rule 3.1372. Petitions for relief from financial obligations during military service
• Division 12. Settlement
• Rule 3.1380. Mandatory settlement conferences
• Rule 3.1382. Good faith settlement and dismissal
• Rule 3.1384. Petition for approval of the compromise of a claim of a minor or a person with a disability; order for deposit of funds; and petition for withdrawal
• Rule 3.1385. Duty to notify court and others of settlement of entire case
• Division 13. Dismissal of Actions
• Rule 3.1390. Service and filing of notice of entry of dismissal
• Division 14. Pretrial [Reserved]
• Division 15. Trial
• Chapter 1. General Provisions [Reserved]
• Chapter 2. Consolidation or Bifurcation of Cases for Trial [Reserved]
• Chapter 3. Nonjury Trials [Reserved]
• Chapter 4. Jury Trials
• Rule 3.1540. Examination of prospective jurors in civil cases
• Chapter 4.5. Expedited Jury Trials
• Article 1 Applicability
• Rule 3.1545. Expedited jury trials
• Article 2. Rules Applicable Only to Cases with Mandatory Expedited Jury Trials
• Former rule 3.1546. Renumbered effective July 1, 2016
• Rule 3.1546. Pretrial procedures for mandatory expedited jury trials
• Article 3. Rules Applicable Only to Cases with Voluntary Expedited Jury Trials
• Rule 3.1547. Consent order for voluntary expedited jury trial
• Rule 3.1548. Pretrial submissions for voluntary expedited jury trials
• Article 4. Rules Applicable to All Expedited Jury Trials
• Rule 3.1549. Voir dire
• Rule 3.1550. Time limits
• Rule 3.1551. Case presentation
• Rule 3.1552. Presentation of evidence
• Rule 3.1553. Assignment of judicial officers
• Chapter 5. Testimony and Evidence [Reserved]
• Chapter 6. Expert Witness Testimony [Reserved]
• Chapter 7. Jury Instructions
• Rule 3.1560. Application
• Chapter 8. Special Verdicts
• Rule 3.1580. Request for special findings by jury
• Chapter 9. Statement of Decision
• Rule 3.1590. Announcement of tentative decision, statement of decision, and judgment
• Rule 3.1591. Statement of decision, judgment, and motion for new trial following bifurcated trial
• Division 16. Post-trial
• Rule 3.1600. Notice of intention to move for new trial
• Rule 3.1602. Hearing of motion to vacate judgment
• Division 17. Attorney's Fees and Costs
• Rule 3.1700. Prejudgment costs
• Rule 3.1702. Claiming attorney's fees
• Division 18. Judgments
• Rule 3.1800. Default judgments
• Rule 3.1802. Inclusion of interest in judgment
• Rule 3.1804. Periodic payment of judgments against public entities
• Rule 3.1806. Notation on written instrument of rendition of judgment
• Division 19. Postjudgment and Enforcement of Judgments
• Rule 3.1900. Notice of renewal of judgment
• Division 20. Unlawful Detainers
• Rule 3.2000. Unlawful detainer-supplemental costs
• Division 21. Rules for Small Claims Actions
• Chapter 1. Trial Rules
• Rule 3.2100. Compliance with fictitious business name laws
• Rule 3.2102. Substituted service
• Rule 3.2104. Defendant's claim
• Rule 3.2106. Venue challenge
• Rule 3.2107. Request for court order
• Rule 3.2108. Form of judgment
• Rule 3.2110. Role of clerk in assisting small claims litigants
• Chapter 2. Small Claims Advisors
• Rule 3.2120. Advisor assistance
• Division 22. Petitions Under the California Environmental Quality Act
• Chapter 1. General Provisions
• Rule 3.2200. Application
• Rule 3.2205. Form and format of administrative record lodged in a CEQA proceeding
• Rule 3.2206. Lodging and service
• Rule 3.2207. Electronic format
• Rule 3.2208. Paper format
• Chapter 2. California Environmental Quality Act Proceedings Under Public Resources Code Sections 21168.6.6 and 21178-21189.3
• Article 1. General Provisions
• Rule 3.2220. Definitions and application
• Rule 3.2221. Time
• Rule 3.2222. Filing and service
• Rule 3.2223. Petition
• Rule 3.2224. Response to petition
• Rule 3.2225. Administrative record
• Rule 3.2226. Initial case management conference
• Rule 3.2227. Briefing and Hearing
• Rule 3.2228. Judgment
• Rule 3.2229. Notice of settlement
• Rule 3.2230. Settlement procedures and statement of issues
• Rule 3.2231. Postjudgment motions
• Article 2. CEQA Challenges to Approval of Sacramento Arena Project
• Rule 3.2235. Application
• Rule 3.2236. Service of Petition
• Rule 3.2237. List of responsible parties