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2014 California Rules of Court

Rule 3.1312. Preparation and submission of proposed order

(a) Prevailing party to prepare

Unless the parties waive notice or the court orders otherwise, the party prevailing on any motion must, within five days of the ruling, serve by any means authorized by law and reasonably calculated to ensure delivery to the other party or parties no later than the close of the next business day a proposed order for approval as conforming to the court's order. Within five days after service, the other party or parties must notify the prevailing party as to whether or not the proposed order is so approved. The opposing party or parties must state any reasons for disapproval. Failure to notify the prevailing party within the time required shall be deemed an approval. The extensions of time based on a method of service provided under any statute or rule do not apply to this rule.

(Subd (a) amended effective January 1, 2011; previously amended effective July 1, 2000, and January 1, 2007.)

(b) Submission of proposed order to court

The prevailing party must, upon expiration of the five-day period provided for approval, promptly transmit the proposed order to the court together with a summary of any responses of the other parties or a statement that no responses were received.

(Subd (b) amended effective January 1, 2007; previously amended effective July 1, 2000.)

(c) Submission of proposed order by electronic means

If a proposed order is submitted to the court electronically in a case in which the parties are electronically filing documents under rules 2.250-2.261, two versions of the proposed order must be submitted:

(1)A version of the proposed order must be attached to a completed Proposed Order (Cover Sheet) (form EFS-020), and the combined document in Portable Document Format (PDF) must be filed electronically; and

(2)A version of the proposed order in an editable word-processing format must also be sent electronically to the court, with a copy of the e-mail and proposed order also being sent to all parties in the action.

Each court that provides for electronic filing must provide an electronic address or addresses to which the editable versions of proposed orders are to be sent and must specify any particular requirements regarding the editable word-processing format for proposed orders.

(Subd (c) adopted effective January 1, 2011.)

(d) Failure of prevailing party to prepare proposed order

If the prevailing party fails to prepare and submit a proposed order as required by (a) and (b) above, any other party may do so.

(Subd (d) amended and relettered effective January 1, 2011; adopted as subd (c); previously amended effective July 1, 2000.)

(e) Motion unopposed

This rule does not apply if the motion was unopposed and a proposed order was submitted with the moving papers, unless otherwise ordered by the court.

(Subd (e) relettered effective January 1, 2011; adopted as subd (d) effective July 1, 2000; previously amended effective January 1, 2007.)

Rule 3.1312 amended effective January 1, 2011; adopted as rule 391 effective July 1, 1992; previously amended effective July 1, 2000; previously amended and renumbered effective January 1, 2007.

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