Written request to present oral testimony at law and motion hearing (3 court days before hearing)

3 court days before hearing date, under Cal. Rules of Court, rule 3.1306(b).

Rule text

CRC 3.1306(b): "A party seeking permission to introduce oral evidence, except for oral evidence in rebuttal to oral evidence presented by the other party, must file, no later than three court days before the hearing, a written statement stating the nature and extent of the evidence proposed to be introduced and a reasonable time estimate for the hearing. When the statement is filed less than five court days before the hearing, the filing party must serve a copy on the other parties in a manner to assure delivery to the other parties no later than two days before the hearing."

Cal. Rules of Court, rule 3.1306(b), official source

Calculate this deadline

Deadline
Tuesday, November 3, 2026
  1. Trigger (Hearing date): Friday, November 6, 2026.
  2. Count back 3 court days (Saturdays, Sundays, and court holidays are not counted): Tuesday, November 3, 2026.
Rules applied
Cal. Rules of Court, rule 3.1306(b)
CRC 3.1306(b): "A party seeking permission to introduce oral evidence, except for oral evidence in rebuttal to oral evidence presented by the other party, must file, no later than three court days before the hearing, a written statement stating the nature and extent of the evidence proposed to be introduced and a reasonable time estimate for the hearing. When the statement is filed less than five court days before the hearing, the filing party must serve a copy on the other parties in a manner to assure delivery to the other parties no later than two days before the hearing."
Official source
Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." CCP 12b: "If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135."
Official source
  • Filing deadline. If filed fewer than five court days before the hearing, the statement must also be delivered to other parties no later than two days before the hearing (the rule says 'two days', not court days). Rule amended eff. Jan. 1, 2017.
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.

This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Hearing date on Monday, March 15, 2027, personal service: due Wednesday, March 10, 2027.

  1. Trigger (Hearing date): Monday, March 15, 2027.
  2. Count back 3 court days (Saturdays, Sundays, and court holidays are not counted): Wednesday, March 10, 2027.

Notes

Filing deadline. If filed fewer than five court days before the hearing, the statement must also be delivered to other parties no later than two days before the hearing (the rule says 'two days', not court days). Rule amended eff. Jan. 1, 2017.

Related deadlines

All California civil deadlines

Local rules by county

County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.

Rules current as of 2026-10-25. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.