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2014 California Rules of Court

Rule 3.1304. Time of hearing

(a) General schedule

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

(Subd (a) 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 and renumbered effective January 1, 2007; adopted as rule 321 effective January 1, 1984; previously amended effective January 1, 1992, and January 1, 2003.

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