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Court Rules

California Rules of Court

Rule 3.1590. Announcement of tentative decision, statement of decision, and judgment

Cal. Rules of Court, rule 3.1590

Current text effective January 1, 2016.

#(a) Announcement and service of tentative decision

On the trial of a question of fact by the court, the court must announce its tentative decision by an oral statement, entered in the minutes, or by a written statement filed with the clerk. Unless the announcement is made in open court in the presence of all parties that appeared at the trial, the clerk must immediately serve on all parties that appeared at the trial a copy of the minute entry or written tentative decision.

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(Subd (a) amended effective January 1, 2010; previously amended effective January 1, 1969, July 1, 1973, January 1, 1982, January 1, 1983, and January 1, 2007.)

#(b) Tentative decision not binding

The tentative decision does not constitute a judgment and is not binding on the court. If the court subsequently modifies or changes its announced tentative decision, the clerk must serve a copy of the modification or change on all parties that appeared at the trial.

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(Subd (b) amended effective January 1, 2010; adopted as part of subd (a); previously amended and lettered effective January 1, 2007; previously amended effective January 1, 2007.)

#(c) Provisions in tentative decision

The court in its tentative decision may:

#(1) State that it is the court's proposed statement of decision, subject to a party's objection under (g);

#(2) Indicate that the court will prepare a statement of decision;

#(3) Order a party to prepare a statement of decision; or

#(4) Direct that the tentative decision will become the statement of decision unless, within 10 days after announcement or service of the tentative decision, a party specifies those principal controverted issues as to which the party is requesting a statement of decision or makes proposals not included in the tentative decision.

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(Subd (c) amended effective January 1, 2010; adopted as part of subd (a); previously amended and lettered effective January 1, 2007.)

#(d) Request for statement of decision

Within 10 days after announcement or service of the tentative decision, whichever is later, any party that appeared at trial may request a statement of decision to address the principal controverted issues. The principal controverted issues must be specified in the request.

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(Subd (d) adopted effective January 1, 2010.)

#(e) Other party's response to request for statement of decision

If a party requests a statement of decision under (d), any other party may make proposals as to the content of the statement of decision within 10 days after the date of request for a statement of decision.

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(Subd (e) amended and relettered effective January 1, 2010; adopted as subd (b); previously amended effective January 1, 1969, and January 1, 1982; previously amended and relettered as subd (d) effective January 1, 2007.)

#(f) Preparation and service of proposed statement of decision and judgment

If a party requests a statement of decision under (d), the court must, within 30 days of announcement or service of the tentative decision, prepare and serve a proposed statement of decision and a proposed judgment on all parties that appeared at the trial, unless the court has ordered a party to prepare the statement. A party that has been ordered to prepare the statement must within 30 days after the announcement or service of the tentative decision, serve and submit to the court a proposed statement of decision and a proposed judgment. If the proposed statement of decision and judgment are not served and submitted within that time, any other party that appeared at the trial may within 10 days thereafter: (1) prepare, serve, and submit to the court a proposed statement of decision and judgment or (2) serve on all other parties and file a notice of motion for an order that a statement of decision be deemed waived.

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(Subd (f) amended and relettered effective January 1, 2010; adopted as subd (c); previously amended effective January 1, 1969, July 1, 1973, and January 1, 1982; previously amended and relettered as subd (e)effective January 1, 2007.)

#(g) Objections to proposed statement of decision

Any party may, within 15 days after the proposed statement of decision and judgment have been served, serve and file objections to the proposed statement of decision or judgment.

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(Subd (g) amended and relettered effective January 1, 2010; adopted as subd (d); previously amended effective January 1, 1969, and January 1, 1982; previously relettered as subd (f) effective January 1, 2007.)

#(h) Preparation and filing of written judgment when statement of decision not prepared

If no party requests or is ordered to prepare a statement of decision and a written judgment is required, the court must prepare and serve a proposed judgment on all parties that appeared at the trial within 20 days after the announcement or service of the tentative decision or the court may order a party to prepare, serve, and submit the proposed judgment to the court within 10 days after the date of the order.

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(Subd (h) amended and relettered effective January 1, 2010; previously amended effective January 1, 1969; previously amended and relettered as subd (e) effective January 1, 1982, and as subd (g) effective January 1, 2007.)

#(i) Preparation and filing of written judgment when statement of decision deemed waived

If the court orders that the statement of decision is deemed waived and a written judgment is required, the court must, within 10 days of the order deeming the statement of decision waived, either prepare and serve a proposed judgment on all parties that appeared at the trial or order a party to prepare, serve, and submit the proposed judgment to the court within 10 days.

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(Subd (i) adopted effective January 1, 2010.)

#(j) Objection to proposed judgment

Any party may, within 10 days after service of the proposed judgment, serve and file objections thereto.

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(Subd (j) adopted effective January 1, 2010.)

#(k) Hearing

The court may order a hearing on proposals or objections to a proposed statement of decision or the proposed judgment.

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(Subd (k) amended and relettered effective January 1, 2010; adopted as subd (f) effective January 1, 1982; previously relettered as subd (i) effective January, 2007.)

#(l) Signature and filing of judgment

If a written judgment is required, the court must sign and file the judgment within 50 days after the announcement or service of the tentative decision, whichever is later, or, if a hearing was held under (k), within 10 days after the hearing. An electronic signature by the court is as effective as an original signature. The judgment constitutes the decision on which judgment is to be entered under Code of Civil Procedure section 664.

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(Subd (l) amended effective January 1, 2016; adopted as part of subd (e); previously amended and relettered as subd (h) effective January 1, 2007, and as subd (l) effective January 1, 2010.)

#(m) Extension of time; relief from noncompliance

The court may, by written order, extend any of the times prescribed by this rule and at any time before the entry of judgment may, for good cause shown and on such terms as may be just, excuse a noncompliance with the time limits prescribed for doing any act required by this rule.

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(Subd (m) relettered effective January 1, 2010; previously amended effective January 1, 1969, and July 1, 1973; previously amended and relettered as subd (g) effective January 1, 1982, and as subd (j) effective January 1, 2007.)

#(n) Trial within one day

When a trial is completed within one day or in less than eight hours over more than one day, a request for statement of decision must be made before the matter is submitted for decision and the statement of decision may be made orally on the record in the presence of the parties.

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(Subd (n) amended and relettered effective January 1, 2010; adopted as subd (h) effective January 1, 1983; previously amended and relettered as subd (k) effective January 1, 2007.)

#History

Rule 3.1590 amended effective January 1, 2016; adopted as rule 232 effective January 1, 1949; previously amended and renumbered as rule 3.1590 effective January 1, 2007; previously amended effective January 1, 1969, July 1, 1973, January 1, 1982, January 1, 1983, January 1, 2007, and January 1, 2010.

What this rule requires

Filing Timing and Cure Windows

  • Direct that the tentative decision will become the statement of decision unless, within 10 days after announcement or service of the tentative decision, a party specifies those principal controverted issues as to which the party is requesting a statement of decision or makes proposals not included in the tentative decision.

  • Within 10 days after announcement or service of the tentative decision, whichever is later, any party that appeared at trial may request a statement of decision to address the principal controverted issues.

  • If a party requests a statement of decision under (d), any other party may make proposals as to the content of the statement of decision within 10 days after the date of request for a statement of decision.

  • If a party requests a statement of decision under (d), the court must, within 30 days of announcement or service of the tentative decision, prepare and serve a proposed statement of decision and a proposed judgment on all parties that appeared at the trial, unless the court has ordered a party to prepare the statement.

  • A party that has been ordered to prepare the statement must within 30 days after the announcement or service of the tentative decision, serve and submit to the court a proposed statement of decision and a proposed judgment.

  • If the proposed statement of decision and judgment are not served and submitted within that time, any other party that appeared at the trial may within 10 days thereafter: (1) prepare, serve, and submit to the court a proposed statement of decision and judgment or (2) serve on all other parties and file a notice of motion for an order that a statement of decision be deemed waived.

  • Any party may, within 15 days after the proposed statement of decision and judgment have been served, serve and file objections to the proposed statement of decision or judgment.

  • If no party requests or is ordered to prepare a statement of decision and a written judgment is required, the court must prepare and serve a proposed judgment on all parties that appeared at the trial within 20 days after the announcement or service of the tentative decision or the court may order a party to prepare, serve, and submit the proposed judgment to the court within 10 days after the date of the order.

  • If the court deems the statement of decision waived and a written judgment is required, it must within 10 days either prepare and serve the proposed judgment or order a party to prepare, serve, and submit it within 10 days.

    The rule's wording

    If the court orders that the statement of decision is deemed waived and a written judgment is required, the court must, within 10 days of the order deeming the statement of decision waived, either prepare and serve a proposed judgment on all parties that appeared at the trial or order a party to prepare, serve, and submit the proposed judgment to the court within 10 days.
  • Any party may, within 10 days after service of the proposed judgment, serve and file objections thereto.

  • If a written judgment is required, the court must sign and file the judgment within 50 days after the announcement or service of the tentative decision, whichever is later, or, if a hearing was held under (k), within 10 days after the hearing.

  • When a trial is completed within one day or in less than eight hours over more than one day, a request for statement of decision must be made before the matter is submitted for decision and the statement of decision may be made orally on the record in the presence of the parties.

Service and Proof of Service Rules

  • Unless the announcement is made in open court in the presence of all parties that appeared at the trial, the clerk must immediately serve on all parties that appeared at the trial a copy of the minute entry or written tentative decision.

  • If the court subsequently modifies or changes its announced tentative decision, the clerk must serve a copy of the modification or change on all parties that appeared at the trial.

  • If a party requests a statement under (d) and the court has not ordered a party to prepare it, the court must serve the proposed statement and judgment on all parties who appeared at trial.

    The rule's wording

    If a party requests a statement of decision under (d), the court must, within 30 days of announcement or service of the tentative decision, prepare and serve a proposed statement of decision and a proposed judgment on all parties that appeared at the trial, unless the court has ordered a party to prepare the statement.
  • A party ordered to prepare the statement must serve its proposed statement of decision and judgment as required by the rule.

    The rule's wording

    A party that has been ordered to prepare the statement must within 30 days after the announcement or service of the tentative decision, serve and submit to the court a proposed statement of decision and a proposed judgment.
  • Any party may, within 15 days after the proposed statement of decision and judgment have been served, serve and file objections to the proposed statement of decision or judgment.

  • If no party requests or is ordered to prepare a statement of decision and a written judgment is required, the court must prepare and serve a proposed judgment on all parties that appeared at the trial within 20 days after the announcement or service of the tentative decision or the court may order a party to prepare, serve, and submit the proposed judgment to the court within 10 days after the date of the order.

  • Any party may, within 10 days after service of the proposed judgment, serve and file objections thereto.

Document Format Requirements

  • On the trial of a question of fact by the court, the court must announce its tentative decision by an oral statement, entered in the minutes, or by a written statement filed with the clerk.

  • An electronic signature by the court is as effective as an original signature.

  • When a trial is completed within one day or in less than eight hours over more than one day, a request for statement of decision must be made before the matter is submitted for decision and the statement of decision may be made orally on the record in the presence of the parties.

Document Filing Requirements

  • State that it is the court's proposed statement of decision, subject to a party's objection under (g);

  • Indicate that the court will prepare a statement of decision;

  • Order a party to prepare a statement of decision; or

  • The principal controverted issues must be specified in the request.

Adjournment & Extension Requirements

  • The court may, by written order, extend any of the times prescribed by this rule

  • at any time before the entry of judgment may, for good cause shown and on such terms as may be just, excuse a noncompliance with the time limits prescribed for doing any act required by this rule.

Official text: courts.ca.gov , checked October 19, 2026.