Proposed Order
(CA)

Summary

This template is a general proposed order for use in civil actions in California superior court. It contains practical guidance, drafting notes, and alternate clauses. While a proposed order is not required for all motions, it is typical to include one with a motion, and some local rules or certain applications or motions will require it. See Cal. Rules of Ct., Rule 3.1112(b); 3.1113(m). When submitting a proposed order, lodge and serve it with the moving papers, but make sure it is a separate document and not attached to them. Cal. Rules of Ct., Rule 3.1113(m). The proposed order should contain the following: • Case caption, including case number • Title of order • Recitation of papers considered in connection with motion • Factual findings, as necessary • Statement of specific relief granted • Date and signature line for judge Unless the parties waive notice or the court orders otherwise, the party prevailing on any motion must, within five days of the ruling, serve 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 is deemed an approval. The prevailing party must, on 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 it received no responses. Cal. Rules of Ct., Rule 3.1312(b). If submitting the proposed order to the court electronically, you must submit two versions: • Attach one version to a completed Proposed Order (Cover Sheet) (Judicial Council Form EFS-020), and electronically file the combined document in PDF format. • Email one version in an editable word-processing format to the court, and send a copy of the email and proposed order to all parties in the action. Cal. Rules of Ct., Rule 3.1312(c). The requirements discussed above do not apply if the motion was unopposed and a proposed order was submitted with the moving papers, unless otherwise ordered by the court. Cal. Rules of Ct., Rule 3.1312(e). If the court in which the motion is pending provides a printed template for use in granting a particular motion, use that form instead of creating your own proposed order. For a full listing of key content covering motion practice in California state court litigation, see Motion Practice Resource Kit (CA). For a full listing of key content covering fundamental civil litigation tasks throughout a California state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (CA). For guidance on drafting motions generally, see Motion Practice: Drafting, Serving, and Filing Noticed Motions (CA) and Motion Practice: Drafting and Filing Ex Parte Applications (CA). For related templates, see Notice of Motion and Motion (CA), Ex Parte Application for Order and Supporting Declaration (General Form) (CA), Memorandum of Points and Authorities (CA), and Notice of Motion and Motion (CA).