# Cal. Code Civ. Proc. §§ 1005-1020 — Notices, Motions, and Service of Papers

- Citation: Cal. Code Civ. Proc., §§ 1005-1020
- Code: Code of Civil Procedure
- Subject: Motion practice; service of papers after summons
- Source: https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=CCP
- Last verified: 2026-05-13

> Authored from canonical California statutory sources; verify
> against leginfo.legislature.ca.gov before relying.

## Overview

Title 14 of Part 2 of the CCP governs the mechanics of motion
practice and the service of papers after initial service of
summons. The most-cited provisions are § 1005 (the 16/9/5
court-day notice / opposition / reply framework), § 1010 (the
required content of a Notice of Motion), § 1010.6 (electronic
service), and § 1013 (the mail-service deadline additions).

## § 1005 — Written notice of motion; service and time

This is California's foundational motion-timing statute.

**(a)** Written notice shall be given for the following motions:
[listing categories — substantively all noticed civil motions
in superior court].

**(b) — TIMING (CALIFORNIA-DISTINCTIVE COURT-DAY FRAMEWORK)**

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 5 calendar days if the place of
mailing and the place of address are within the State of
California, 10 calendar days if either is outside the State of
California but within the United States, and 20 calendar days
if either 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 2 court days.

All papers opposing a motion so noticed shall be filed with
the court and a copy served on each party **at least 9 court
days**, and all reply papers **at least 5 court days before
the hearing**. The court, or a judge thereof, may prescribe a
shorter time.

### The CCP § 1005(b) deadline table

| Service method | Notice (back from hearing) | Opposition | Reply |
|---|---|---|---|
| Personal | -16 court days | -9 court days | -5 court days |
| In-state mail | -16 court days + 5 calendar days extension | -9 court days | -5 court days |
| Out-of-state mail | -16 court days + 10 calendar days | -9 court days | -5 court days |
| Fax / express | -16 court days + 2 court days | -9 court days | -5 court days |
| E-service | -16 court days + 2 court days (§ 1010.6) | -9 court days | -5 court days |

**Note**: "Court day" excludes weekends and judicial holidays
per CCP § 12c. "Calendar day" includes every day.

## § 1010 — Notices and other papers; contents and form

Notices shall be in writing, and the notice of a motion shall
state the following:

(1) When (date and time) it will be made;

(2) Where it will be made (court / department / courthouse);

(3) The grounds upon which it will be made;

(4) The papers, if any, upon which it is to be based.

If any such paper has not previously been served upon the
party to be notified and is not a record in the case, it shall
be accompanied by a copy of such paper.

**Drafting note**: California convention is that the Notice of
Motion is a **separate document** from the Memorandum of Points
and Authorities. The two are bound and filed together, but the
Notice of Motion is a discrete piece, identified by its own
title page.

## § 1010.6 — Electronic service

**(a)** A document may be served electronically if:

(1) The document is served on a party that has consented to or
been ordered to receive electronic service.

(2) The document is served using the electronic filing service
provider's authorized method of electronic service.

**(a)(3)(B) — TIMING EXTENSION FOR E-SERVICE**: Any period of
notice, or any right or duty to do any act or make any response
within any period or on a date certain after the service of the
document, which time period or date is prescribed by statute or
rule of court, shall be **extended by two court days**, but the
extension shall not apply to extend the time for filing a
notice of intention to move for new trial, a notice of intention
to move to vacate judgment, or a notice of appeal.

**(c) — REPRESENTED PARTIES vs. PRO PER**:

(1) When a represented party (other than an exempt person)
consents to electronic service, the represented party's
consent shall be specified on the proof of service.

(2) **A self-represented party may consent in writing to
receive electronic service**, but is not required to. A
self-represented party may also revoke consent at any time.

### Practical implications

- For represented parties in mandatory e-filing courts,
  e-service is the default.
- For pro per parties, e-service requires their express written
  consent. Counsel cannot unilaterally serve them electronically
  without that consent.
- The 2-court-day extension applies to most deadlines triggered
  by e-served documents (notice, opposition, reply, etc.) but
  NOT to appeal-clock-related notices.

## § 1011 — Service of papers personally

A summons may be served by the sheriff, marshal, or constable
of the county where service is made; or by any registered
process server. Other papers (notices, motions, etc.) may be
served by any person over the age of 18 who is not a party.

## § 1012 — Service by mail

Service by mail shall be sent to the address last given on the
filing, or in the absence of a filed address, to the person's
home or office.

## § 1013 — Service by mail; extension of deadlines

**(a) — MAIL EXTENSION**: In case of service by mail, the
notice or other paper must be deposited in a post office,
mailbox, subpost office, substation, mail chute, or other
like facility regularly maintained by the United States Postal
Service, in a sealed envelope, with postage paid, addressed to
the person on whom it is to be served, at the office address as
last given by that person on any document filed in the cause
and served on the party making service by mail; otherwise at
that party's place of residence. The service is complete at the
time of the deposit, but **any period of notice and any right
or duty to do any act or make any response within any period
or on a date certain after the service of the document, which
time period or date is prescribed by statute or rule of court,
shall be extended 5 calendar days, upon service by mail, if the
place of address and the place of mailing is 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**. The extension shall not apply to extend the time for
filing a notice of appeal, a notice of intention to move for a
new trial, a notice of intention to move to vacate judgment
under Section 663a, or a motion to vacate an order rendered.

**(c) — FAX**: Service of the notice or other paper by facsimile
transmission shall be complete on transmission. Any period of
notice and any right or duty to do any act or make any response
within any period or on a date certain after the service of the
notice or other paper shall be **extended 2 court days**, but
the extension shall not apply to extend the time for filing a
notice of appeal, a notice of intention to move for a new trial,
or a notice of intention to move to vacate judgment.

**(d) — EXPRESS MAIL / OVERNIGHT**: Service by express mail or
another method of delivery providing for overnight delivery
shall be complete on deposit. Any period of notice and any
right or duty to do any act or make any response within any
period or on a date certain after the service of the notice or
other paper shall be **extended 2 court days**, with the same
exceptions as for facsimile.

### Mail-extension cheat sheet

| Service method | Extension | Where applies |
|---|---|---|
| In-state mail | +5 calendar days | Notice / opposition / reply / response |
| Out-of-state mail | +10 calendar days | Same |
| Outside U.S. mail | +20 calendar days | Same |
| Fax | +2 court days | Same |
| Overnight / express | +2 court days | Same |
| E-service | +2 court days (per § 1010.6) | Same |

**No extensions apply** to notice of appeal, new-trial motions,
or motion to vacate judgment.

## § 1013a — Proof of service by mail; presumptions

Proof of service by mail may be made by:

(1) An affidavit of the person making the service, showing the
time and place of deposit in the mail and the address.

(2) A certificate of an attorney to the same effect.

(3) An affidavit of an employee or attorney showing such facts
and confirming that the firm follows the practice of placing
items for mailing in a designated area with postage and address.

Service by mail is presumed complete on the date of mailing.

## § 1014 — Appearance defined; consequences

A defendant appears in an action when the defendant answers,
demurs, files a notice of motion to strike, files a notice of
motion to transfer pursuant to Section 396b, moves for
reclassification pursuant to Section 403.040, gives the
plaintiff written notice of appearance, or when an attorney
gives notice of appearance for the defendant.

## § 1015 — Other notices; service

Notices of motions, papers, and other notices and papers may
be served on a party or attorney by personal service,
electronic service (where consented), service by mail, or
service by any other authorized method.

## § 1019 — Filing of papers — original required

The original (the version originally signed) must be filed with
the court; the copy served on opposing party is a duplicate.

## § 1020 — Service / filing acknowledgments

Various provisions on how filing and service are evidenced
(Proof of Service forms POS-040 / POS-030, etc.).

## Practical implications for drafters

### Always compute deadlines from the hearing date

For any noticed motion:

1. Identify the hearing date.
2. Back off 16 court days for service of moving papers.
3. Add the service-method extension (5 cal days for mail; 2
   court days for e-service; etc.).
4. That's your **filing-and-service deadline** for moving papers.
5. Opposition is 9 court days before hearing; reply 5 court
   days before hearing (no service-method extension for those,
   though the standard mail/e-service rules still apply to
   serving them).

### Always serve via the method the party has consented to

- Represented parties in mandatory e-filing courts → e-service.
- Pro per parties → check whether they have consented in
  writing to e-service. If not, use mail (with the +5 day
  extension) or personal service.

### The 2-court-day extension is one of the most-missed CA rules

Practitioners coming from federal practice often forget that
California's e-service extension is **2 COURT days**, not 3
calendar days like the analog Fed. R. Civ. P. 6(d). Use the
`scripts/case-calendar.py` helpers to compute these.

## Cross-references

- `../court-rules/CRC-Title-3-Civil-Rules.md` — CRC 3.1100-3.1390
  (motion practice rules including the tentative-ruling regime)
- `CCP-Time-Computation.md` — CCP §§ 12, 12a, 12c (court-day
  definition)
- `CCP-Service.md` — initial service of summons (different from
  service of subsequent papers governed by §§ 1010-1020)
- `../../../ca-deadlines/SKILL.md` — workflow using these statutes
- `../../../ca-file-packet/SKILL.md` — packet-assembly workflow
- `../../../../scripts/case-calendar.py` — computational helpers
  with named rules for `motion-notice-min`, `motion-opposition`,
  `motion-reply`, etc.