Educational guide
California Civil Proposed Order After a Motion Checklist
A practical general-information checklist for preparing and submitting a proposed order after a California civil motion, based on California Rules of Court, rule 3.1312. It is not individualized legal advice and does not replace the assigned court's local filing instructions.
- Read the ruling, minute order and assigned court's local rules before drafting. Confirm whether the court will prepare the order, whether notice was waived, whether an order was already submitted with unopposed moving papers or whether the judge directed a different procedure.
- If rule 3.1312 applies, the party prevailing on the motion generally prepares a proposed order. Draft only the relief and directions the court actually ordered; do not add findings, deadlines or language that did not appear in the ruling or hearing record.
- Serve the proposed order for approval within the rule's stated period and by a lawful method reasonably calculated to deliver it to the other parties no later than the close of the next business day. Do not add ordinary service-method extensions because rule 3.1312 says they do not apply.
- Keep proof of when and how the proposed order was sent. The other parties generally have five days after service to approve it as conforming or state specific reasons for disapproval; silence within that period is treated as approval under the rule.
- After the review period expires, promptly transmit the proposed order to the court with a summary of responses or a statement that none were received. If language is disputed, accurately identify the objections rather than representing that every party approved.
- For electronic filing, review rule 3.1312(c) and the court's current instructions. In an electronically filed case, the statewide rule calls for a PDF attached to Proposed Order (Cover Sheet), form EFS-020, plus an editable word-processing version sent as the court directs, with copies to all parties.
- Monitor the docket after submission. A proposed order is not an entered order until the judge signs it and the court files it; recheck any compliance, service or appeal-related deadline using the actual filed order and applicable law.
- If the prevailing party does not prepare the order, another party may do so under rule 3.1312(d). Use the official rule and assigned court's procedures, and consult a qualified lawyer when wording, timing or the effect of the order is disputed.
Official resources
This guide provides general information only and is not legal or medical advice. Rules and individual circumstances differ. In an emergency, call 911.