Educational guide
California Civil Tentative Ruling and Motion Hearing Checklist
A practical general-information checklist for checking and responding to a California civil tentative ruling, based on California Rules of Court, rules 3.1306 and 3.1308. It is not individualized legal advice or a substitute for the assigned court's local procedure.
- Read the assigned superior court's local rules and the hearing notice to learn whether that court or branch uses tentative rulings. Rule 3.1308 does not require every judge to issue them, and the court's local rule must identify how and when a tentative ruling can be obtained.
- Check the court's designated website, telephone line or other method at the stated time on the court day before the hearing. Save or print the tentative ruling and confirm the case number, department, motion and hearing date.
- Read the entire ruling. Note whether the court has ordered oral argument, requested argument on a particular issue, continued the matter, asked for additional papers or stated that the tentative will become the court's ruling if no party gives notice.
- Identify which of rule 3.1308's two permitted procedures the court follows. Under one procedure, a party seeking oral argument generally must notify the court and all other parties by 4:00 p.m. on the court day before the hearing; under the other, no notice of intent to appear is required. Follow the assigned court's instructions exactly.
- If notice is required and oral argument is sought, notify both the court and every other party using the permitted method and by the stated deadline. Record when, how and to whom notice was given, and retain any confirmation.
- Prepare a focused hearing outline that addresses the ruling and the issues the judge identified. Do not assume the hearing permits new evidence: rule 3.1306 generally limits evidence at law-and-motion hearings to declarations or requests for judicial notice unless the court orders otherwise for good cause.
- Appear as directed unless the court's procedure and the tentative ruling clearly state that no appearance is needed. Recheck the docket and department instructions for a changed time, remote-appearance link, continuance or final ruling.
- After the hearing, obtain and read the court's actual ruling or order. A tentative ruling is not always the final order; continue tracking service, filing, compliance and later deadlines, and consult a qualified lawyer when the ruling affects a substantial right or next step.
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.