Rule 3.1306. Evidence at hearing
Cal. Rules of Court, rule 3.1306
Current text effective January 1, 2017.
#(a) Restrictions on oral testimony
Evidence received at a law and motion hearing must be by declaration or request for judicial notice without testimony or cross-examination, unless the court orders otherwise for good cause shown.
(Subd (a) amended effective January 1, 2007; previously amended effective January 1, 2003.)
#(b) Request to present oral testimony
A party seeking permission to introduce oral evidence, except for oral evidence in rebuttal to oral evidence presented by the other party, must file, no later than three court days before the hearing, a written statement stating the nature and extent of the evidence proposed to be introduced and a reasonable time estimate for the hearing. When the statement is filed less than five court days before the hearing, the filing party must serve a copy on the other parties in a manner to assure delivery to the other parties no later than two days before the hearing.
(Subd (b) amended and relettered effective January 1, 2003; adopted as part of subd (a).)
#(c) Judicial notice
A party requesting judicial notice of material under Evidence Code sections 452 or 453 must provide the court and each party with a copy of the material. If the material is part of a file in the court in which the matter is being heard, the party must:
#(1) Specify in writing the part of the court file sought to be judicially noticed; and
#(2) Either make arrangements with the clerk to have the file in the courtroom at the time of the hearing or confirm with the clerk that the file is electronically accessible to the court.
(Subd (c) amended effective January 1, 2017; adopted as subd (b); previously amended and relettered effective January 1, 2003; previously amended effective January 1, 2007.)
#History
Rule 3.1306 amended effective January 1, 2017; adopted as rule 323 effective January 1, 1984; previously amended effective January 1, 2003; previously amended and renumbered as rule 3.1306 effective January 1, 2007.
What this rule requires
Filing Timing and Cure Windows
For a request to introduce oral evidence other than rebuttal evidence, the written statement must be filed no later than three court days before the hearing.
The rule's wording
A party seeking permission to introduce oral evidence, except for oral evidence in rebuttal to oral evidence presented by the other party, must file, no later than three court days before the hearing, a written statement stating the nature and extent of the evidence proposed to be introduced and a reasonable time estimate for the hearing.
Service and Proof of Service Rules
When the statement is filed less than five court days before the hearing, the filing party must serve a copy on the other parties in a manner to assure delivery to the other parties no later than two days before the hearing.
A party requesting judicial notice of material under Evidence Code sections 452 or 453 must provide the court and each party with a copy of the material.
Document Format Requirements
Evidence received at a law and motion hearing must be by declaration or request for judicial notice without testimony or cross-examination, unless the court orders otherwise for good cause shown.
Chambers Communication Rules
Either make arrangements with the clerk to have the file in the courtroom at the time of the hearing or confirm with the clerk that the file is electronically accessible to the court.
Document Filing Requirements
A party seeking permission to introduce oral evidence, except for oral evidence in rebuttal to oral evidence presented by the other party, must file, no later than three court days before the hearing, a written statement stating the nature and extent of the evidence proposed to be introduced and a reasonable time estimate for the hearing.
Specify in writing the part of the court file sought to be judicially noticed;
Official text: courts.ca.gov , checked October 19, 2026.