Was your motion hearing canceled due to COVID-19? You must notify other party when it is rescheduled

The court notifies the moving party of the new date, but the moving party must notify everyone else — on a strict deadline

All motions in the Sacramento court’s Law and Motion departments (53 and 54) were abruptly put on hold on March 18, when the court shut down due to the pandemic.

These hearings have been rescheduled now that the court is partially open. The party who filed the motion should receive a “Minute Order” with a new court date in the mail. You can also look it up in your case record on the court’s website.

Many self-represented parties (and attorneys!) do not realize that it is their job to tell the other parties about the new hearing.

The Minute Order requires the moving party “to file and serve an Amended Notice of Motion with attached proof of service.” Include a copy of the Minute Order.

The Amended Notice of Motion must be served “no more than 10 calendar days after the date of this order” and filed, with proof of service, “no less than 10 calendar days prior to the new hearing date.” If this is not done, the motion will be dropped.

If you have a rescheduled hearing coming up, be sure to follow this order right away. If you do not, the hearing will probably be dropped, and you will have to start over. If your motion had a time limit, you may be out of luck.

The Law Library has a template of an Amended Notice of Hearing which you can download. It will look very similar to the Notice of Motion that you filed originally.