Rule 3.1308.Tentative rulings

Division 11. Law and Motion · Chapter 5. Noticed Motions · Last amended 2025 · Last verified July 29, 2026

In one sentenceRule 3.1308 lets a trial court that issues tentative rulings choose between two models — one where the tentative becomes the final ruling unless a party calls in to request argument by a set deadline, another where nothing is final until the hearing itself — and requires the court to publish and consistently follow whichever model it adopts.

Full Text of Rule 3.1308

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Tentative ruling procedures A trial court that offers a tentative ruling procedure in civil law and motion matters must follow one of the following procedures:

(1) Notice of intent to appear required The court must make its tentative ruling available by a method designated by the court, by no later than 3:00 p.m. the court day before the scheduled hearing. If the court desires oral argument, the tentative ruling must so direct. The tentative ruling may also note any issues on which the court wishes the parties to provide further argument. If the court has not directed argument, oral argument must be permitted only if a party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party’s intention to appear. A party must notify all other parties by telephone or in person. The court must accept notice by telephone and, at its discretion, may also designate alternative methods by which a party may notify the court of the party’s intention to appear. The tentative ruling will become the ruling of the court if the court has not directed oral argument by its tentative ruling and notice of intent to appear has not been given.

(2) No notice of intent to appear required The court must make its tentative ruling available by a method designated by the court, by a specified time before the hearing. The tentative ruling may note any issues on which the court wishes the parties to provide further argument at the hearing. This procedure must not require the parties to give notice of intent to appear, and the tentative ruling will not automatically become the ruling of the court if such notice is not given. The tentative ruling, or such other ruling as the court may render, will not become the final ruling of the court until the hearing. (Subd (a) amended effective January 1, 2025; previously amended effective July 1, 2000, and January 1, 2007.)

(b) No other procedures permitted Other than following one of the tentative ruling procedures authorized in (a), courts must not issue tentative rulings except:

(1) By posting a calendar note containing tentative rulings on the day of the hearing; or

(2) By announcing the tentative ruling at the time of oral argument. (Subd (b) amended effective January 1, 2007; previously repealed and adopted effective July 1, 2000.)

(c) Notice of procedure A court that follows one of the procedures described in (a) must so state in its local rules. The local rule must specify the method for obtaining the tentative rulings and the time by which the rulings will be available. (Subd (c) amended effective January 1, 2025; previously amended effective July 1, 2000, and January 1, 2007.)

(d) Uniform procedure within court or branch If a court or a branch of a court adopts a tentative ruling procedure, that procedure must be used by all judges in the court or branch who issue tentative rulings. (Subd (d) amended and lettered effective January 1, 2007; adopted as part of Subd (c) effective July 1, 1992.)

(e) Tentative rulings not required This rule does not require any judge to issue tentative rulings. (Subd (e) amended and lettered effective January 1, 2007; adopted as part of Subd (c) effective July 1, 1992.)

End

Plain-English Summary

Lawyers routinely check a court's tentative ruling before deciding whether a hearing is worth showing up for, so how a tentative-ruling system works matters in practice, not just on paper. Rule 3.1308(a) authorizes two competing models. Under the notice-required model, the court posts its tentative ruling by 3:00 p.m. the court day before the hearing, and the tentative becomes the actual ruling unless the court has directed argument or a party notifies the court and other parties, by 4:00 p.m. that same day, of an intent to appear and argue. Under the no-notice-required model, the court posts its tentative by a specified time before the hearing, nobody has to call in to preserve the right to argue, and the tentative ruling — or whatever ruling the court ultimately reaches — does not become final until the hearing itself.

Rule 3.1308(b) closes off improvisation: a court cannot invent its own hybrid tentative-ruling practice. Its only options are one of the two models in (a), posting a calendar note with tentative rulings on the day of the hearing, or announcing the tentative ruling at oral argument itself. Whichever approach a court uses, rule 3.1308(c) requires it to say so in local rules, specifying the method and the time by which rulings become available, so practitioners are not left guessing from courtroom to courtroom.

Two closing provisions round out the rule: rule 3.1308(d) requires every judge within a court or branch that adopts a tentative-ruling procedure to follow that same procedure, and rule 3.1308(e) confirms that no court is required to issue tentative rulings at all.

Frequently Asked Questions

Do you have to call the court to argue a tentative ruling in California?

Only under the notice-required model in rule 3.1308(a)(1) — a party must notify the court and other parties of an intent to appear by 4:00 p.m. the court day before the hearing, or the tentative becomes the ruling.

What happens if you do not request argument on a California tentative ruling?

Under the notice-required model, the tentative ruling becomes the final ruling if the court did not direct argument and no party gave timely notice of intent to appear. Under the no-notice-required model, nothing becomes final until the hearing regardless.

Are California trial courts required to issue tentative rulings?

No. Rule 3.1308(e) confirms that no judge is required to adopt a tentative-ruling procedure.

Can different judges in the same California courthouse use different tentative-ruling rules?

No. Rule 3.1308(d) requires every judge in a court or branch that adopts a tentative-ruling procedure to use that same procedure.

Amendment History

Rule 3.1308 amended effective January 1, 2025; adopted as rule 324 effective July 1, 1992; previously amended effective July 1, 2000; previously amended and renumbered effective January 1, 2007.

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified July 29, 2026. · Official source

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