Rule 3.1304. Time of hearing

(a) General schedule.

The clerk must post electronically and at the courthouse a general schedule showing the days and departments for holding each type of law and motion hearing.

(Subd (a) amended effective January 1, 2016; previously amended effective January 1, 2003.)

(b) Duty to notify if matter not to be heard.

The moving party must immediately notify the court if a matter will not be heard on the scheduled date.

(Subd (b) amended effective January 1, 2003.)

(c) Notice of nonappearance.

A party may give notice that he or she will not appear at a law and motion hearing and submit the matter without an appearance unless the court orders otherwise. The court must rule on the motion as if the party had appeared.

(Subd (c) amended effective January 1, 2003; previously amended effective January 1, 1992.)

(d) Action if no party appears.

If a party fails to appear at a law and motion hearing without having given notice under (c), the court may take the matter off calendar, to be reset only upon motion, or may rule on the matter.

(Subd (d) amended effective January 1, 2003; previously amended and relettered effective January 1, 1992.)

Rule 3.1304 amended effective January 1, 2016; adopted as rule 321 effective January 1, 1984; previously amended effective January 1, 1992, and January 1, 2003; previously amended and renumbered as rule 3.1304 effective January 1, 2007.


Rules that reference this rule: N/A