--- name: ca-hearings description: > Prepare for and conduct hearings in California Superior Court. Use when the user asks about oral argument, motion hearings, tentative rulings, how to contest a tentative ruling, what to do when the judge posts a tentative, LACourtConnect, remote hearings, courtroom etiquette, what to wear to court, how to address the judge, hearing- day checklist, law-and-motion calendar, department assignment, how to appear remotely in California, CRC 3.1308, CRC 3.672, how to reserve a hearing date, Court Reservation System, LASC CRS, SFSC online reservation, or how to prepare as a pro se litigant for a California hearing. Covers the tentative-ruling regime (CRC 3.1308), remote-appearance rules under CRC 3.672, LACourtConnect (LASC), WebEx (other courts), reservation systems, and oral argument structure for California law-and-motion practice. version: 0.1.0 --- # California Hearings — Preparation and Conduct A hearing is where a well-prepared pro se litigant wins or loses the motion. California adds a layer unique among most U.S. states: the **tentative ruling**, which the judge posts before the hearing. Understanding the tentative system is the most important single skill for California motion practice. This skill covers both in-person and remote hearings in California Superior Courts, with specific guidance for Los Angeles (LASC), San Francisco (SFSC), and the other high-volume courts. > **NOT LEGAL ADVICE.** Court rules, etiquette, and remote-hearing > details change. Verify against your court's current standing orders > and local rules before any hearing. --- ## The Tentative Ruling Regime — CRC 3.1308 California's tentative-ruling system is the foundational distinctive of California motion practice. Every California litigant must understand it before their first law-and-motion hearing. ### How it works 1. **Posting:** The judge (or law clerk) posts a tentative ruling on the court's website the day before the hearing — typically by 3:00 p.m., though timing varies by court and judge. Some courts post by the evening before; some post by 8:00 a.m. the day of. Check your court's local rules and the specific department's standing order for the exact posting time. 2. **The 4:30 p.m. deadline:** Under California Rules of Court, rule 3.1308(a)(1), if no party notifies the court and opposing counsel that they contest the tentative and wish to argue, **the tentative ruling becomes the court's final order** — automatically, without any hearing. 3. **Contesting the tentative:** To preserve oral argument, you must call or contact the court **and** notify opposing counsel by **4:30 p.m. on the court day before the hearing**. The method varies by court: - **LASC**: Call the department's direct line (listed on the department's page at lacourt.org) OR submit through LACourtConnect. LASC Rule 3.26 specifies the procedure. - **SFSC**: Phone the clerk's line or submit through the court's online system. - **Other courts**: Check the department's standing order; most have a phone line. 4. **If no party contests:** The tentative becomes the order. No hearing is held. The court may file the tentative as a minute order. 5. **If a party contests:** The hearing proceeds. The tentative is the judge's preliminary view, not a binding ruling. At argument, the judge may adopt, modify, or reverse the tentative. ### Strategic implications of the tentative - **Read the tentative as soon as it posts.** Check at 3:00 p.m. the day before. Do not wait until the morning of the hearing — you must act by 4:30 p.m. - **If the tentative is favorable to you:** You do NOT need to contest it. If opposing counsel does not contest either, the favorable ruling becomes the order without argument. - **If the tentative is adverse to you:** You MUST contest and appear at oral argument. Silence is acquiescence. Absent a contested oral argument, the adverse tentative becomes final. - **If the tentative identifies a specific gap in your papers:** At oral argument, address that gap directly. If the judge says the declaration lacks a specific fact, bring that fact (to the extent it exists in the record) to the court's attention. - **Requesting oral argument in your papers:** Many practitioners include "ORAL ARGUMENT REQUESTED" in their motion heading. This is a signal to the judge that you intend to appear regardless of the tentative. It does not waive the tentative system. ### The court's tentative ruling is preliminary Courts sometimes grant tentatives that they later reverse at argument. A tentative ruling that seems adverse on first read may have an opening — if the judge misunderstood a factual point or applied an incorrect legal standard, oral argument is your chance to correct it, but only if you contest. See `references/tentative-rulings.md` for the full regime, court-by-court posting procedures, and a step-by-step contest guide. --- ## Reservation Systems Most California Superior Courts require parties to **reserve a hearing date** through an online or phone system before filing a motion. Without a reserved date, the motion may be rejected by the clerk or simply not placed on the calendar. ### LASC — Court Reservation System (CRS) Los Angeles Superior Court operates the **Court Reservation System (CRS)** at https://www.lacourt.org/courtreservation/. Steps: 1. Log in (create an account if new) 2. Select the courthouse, department, and hearing type 3. Select an available date — law-and-motion calendars are typically Tuesday/Thursday mornings (8:30 a.m.) in most LASC civil departments; check the specific department 4. The system issues a reservation number; include it in the Notice of Motion 5. File the motion within the required lead time (typically 16 court days plus service extensions — Code Civ. Proc., § 1005(b)) CRS reservations are **required** for most LASC civil motions including demurrers, motions to strike, motions to compel, summary judgment, and ex parte applications. ### SFSC — Online reservation San Francisco Superior Court uses an online reservation system at https://sf.courts.ca.gov/. The Civil Division calendar is typically on Friday mornings. Reserve the date, then file the motion with the reserved date in the Notice. ### Other courts Courts vary. Many San Diego Superior Court departments use a reservation system (sdfamily.org for family; civil varies by department). Sacramento, Alameda, and others have online calendaring. Check the court's website for the specific department's scheduling instructions. --- ## Remote Appearances — CRC 3.672 California Rules of Court, rule 3.672, enacted after COVID-19, established a statewide framework for **remote appearances** in civil law-and-motion matters. ### General rule Any party or attorney of record may appear remotely for civil law-and-motion hearings. Courts may not require in-person appearance for most law-and-motion matters absent good cause. ### Platform varies by court California does **not** have a single statewide platform for remote hearings. Platforms include: | Court | Primary Platform | Notes | |-------|-----------------|-------| | LASC | **LACourtConnect** (appearances.lacourt.org) | Required for LASC remote appearances; create account before first use | | SFSC | **Zoom** | Join link posted in case details | | San Diego | **Microsoft Teams** or Zoom | Varies by department | | Sacramento | **Zoom** | Varies by department | | Alameda | **Zoom** | Varies by department | | Santa Clara | **Zoom** | Varies by department | **Always check the specific department's standing order** for the current platform and connection instructions — courts change platforms and judges have individual preferences. See `references/remote-appearances.md` for platform-specific setup and troubleshooting. ### In-person vs. remote — strategic considerations - **Most routine civil motions** (discovery motions, demurrers, motions to compel) can be handled remotely with no disadvantage - **Complex motions** (summary judgment, contested evidentiary hearings, motions in limine) may benefit from in-person where the judge can better gauge credibility and the advocate can more naturally present materials - **Pro se litigants** often find remote more accessible — no parking, no courthouse security lines, lower travel cost; but technology setup must be perfect --- ## Core principles for California hearings 1. **The judge has read the tentative and the briefs** — do not recite them. Focus on the 2-3 points the judge has questions about, especially any gaps identified in the tentative ruling. 2. **Answer questions directly** — when the judge asks a question, answer it first (yes, no, "the record shows X"), then explain. Never dodge a question. 3. **Concede what must be conceded** — acknowledge weak points; argue the stronger ones. A pro se litigant who concedes nothing loses credibility on every argument. 4. **Keep it short** — California law-and-motion is typically **5–10 minutes per side** for most motions. For summary judgment, allow more. Start with your strongest point and end with the relief you seek. 5. **Address the tentative directly** — if the tentative is adverse, your argument should explain why the court should not adopt it. Acknowledge the tentative: "The Court's tentative denies the motion on the ground that... I would ask the Court to reconsider that conclusion because..." --- ## Before the hearing ### 24 hours before - **Check the tentative ruling** as soon as it posts (typically 3:00 p.m. the day before). Determine whether to contest. - If contesting: call the department line and notify opposing counsel **before 4:30 p.m.** - Review the motion, opposition, reply, and exhibits. - Outline 2-3 main points, especially any gap the tentative identifies. - Outline 2-3 likely judge questions. - Prepare your closing line — the specific order you are requesting. ### Day of - **In-person**: arrive 30 minutes early. Budget 20+ minutes for security screening at major courthouses (Stanley Mosk — LASC Central, Civic Center — SFSC). Check which entrance allows self-represented litigants without an attorney bar card. - **LACourtConnect / Zoom**: log in 15 minutes early. Test audio and video. Have the backup phone dial-in number ready in case video fails. --- ## Courtroom etiquette - **Stand when the judge enters.** Remain standing until the judge says "be seated" or sits down. - **Stand when speaking** to the court — at counsel table or the lectern. Sit when the judge is questioning the other side. - **"Your Honor"** is the correct form of address. Never use the judge's first name. Never "Judge" alone without a last name. - **State your appearance for the record.** When the judge calls your matter, stand and say: "Good morning, Your Honor. [Name], In Pro Per, for the defendant." This is mandatory. - **One person speaks at a time.** Never interrupt the judge. If the judge starts speaking, stop immediately. - **Address the court, not opposing counsel.** Even when arguing against opposing counsel's point, speak to the judge. - **Do not read from your brief.** The judge has read it. Focus on answering questions and making the 2-3 strongest points. - **No phones.** Keep your phone silent and out of sight. Using a phone in the courtroom (unless to access your own documents with permission) is improper in most courts. See `references/courtroom-etiquette.md` for a full guide. --- ## Presenting oral argument ### Standard structure (law-and-motion, 5-10 minutes) 1. **Opening** (15-20 seconds): Identify yourself, the case, the motion, and the relief you seek. > "Good morning, Your Honor. Jane Doe, In Pro Per, appearing > for the defendant in case number 25STCV12345. I am requesting > an order compelling Plaintiff to serve further responses to > my Requests for Production, Nos. 1 through 6, and imposing > monetary sanctions." 2. **Address the tentative** (30-60 seconds if adverse): > "The Court's tentative denies the motion on the ground that > the meet-and-confer was insufficient. I would ask the Court to > reconsider because the meet-and-confer letter, which is Exhibit > C to my declaration, specifically identified each deficient > response by number and requested supplementation by a date > certain. Plaintiff did not respond." 3. **The strongest point** (2-3 minutes): Your best single argument. 4. **Anticipate and address the opposing argument** (1 minute): What would the other side say, and why is it wrong? 5. **Closing** (20 seconds): Restate the specific order you want. > "For these reasons, I ask the Court to grant the motion and > order Plaintiff to serve further responses within 14 days, and > to award $800 in sanctions." ### Answering judge questions When the judge interrupts with a question: - **Stop talking immediately.** The judge has seniority. - **Answer the question first** — yes, no, or "the record shows X." - **Then briefly explain** why, with a record citation. - **If you don't know:** "Your Honor, I don't have that figure at hand, but it appears in the declaration at paragraph 4" — then move on. Do not fabricate or guess. - **Do not repeat the question** before answering — it wastes time and signals stalling. ### Concessions A well-placed concession often wins the case: > "Your Honor, opposing counsel is right that the Court has > discretion to impose sanctions in a lesser amount. What I would > ask is that the Court consider the full 8 hours of time I spent > on this motion — the declaration shows each task — and not > limit the award to just the hearing time." A litigant who concedes nothing looks unreasonable and loses credibility on every point. --- ## After the hearing - **If the court rules from the bench**: The prevailing party prepares and serves the proposed order. See `ca-submit-order`. - **If the court adopts the tentative without modification**: The tentative becomes the order; depending on the court, the clerk will enter it or you should submit the proposed order. Check with the department. - **If the court takes the matter under advisement**: A written ruling will issue within a few days to several weeks. Monitor the docket. - **Transcript**: Courts do not provide free transcripts. If you need a transcript of a hearing for an appeal or record purposes, contact the court reporter or the court's reporter coordination office. --- ## Common pro se hearing mistakes | Mistake | Consequence | |---------|-------------| | Missing the tentative-ruling deadline | Adverse tentative becomes the order; no hearing | | Failing to contest an adverse tentative by 4:30 p.m. | Hearing is canceled; adverse ruling becomes final | | Not checking which platform LASC uses | LACourtConnect is required; Zoom is insufficient | | Not stating appearance for the record | Clerk may not confirm appearance; creates confusion on the docket | | Reading from the brief | Wastes time; judge interrupts and loses patience | | Dodging judge questions | Destroys credibility | | Interrupting the judge | Guaranteed loss of credibility | | Arriving late | Case may be called and appearance not entered; possible adverse ruling | | Bringing irrelevant materials | Cluttered argument; judge ignores the point | | No closing | Missed opportunity to restate the relief and leave a clear record | --- ## Companion skills - `ca-statewide-format` — document format and caption requirements - `ca-lasc` — LACourtConnect, LASC CRS, and LASC-specific practices - `ca-sfsc` — SFSC reservation system and courtroom specifics - `ca-pro-se` — full pro se workflow including signature blocks ## References - `references/tentative-rulings.md` — the tentative regime in detail; contest procedure; when oral argument is preserved; court-by-court posting procedures - `references/oral-argument.md` — extended structure and conduct guide - `references/remote-appearances.md` — LACourtConnect, Zoom, and WebEx platform setup and best practices by court - `references/courtroom-etiquette.md` — full etiquette guide for California Superior Courts - `references/hearing-day-checklist.md` — single-page printable checklist **NOT LEGAL ADVICE.** Generated content is a drafting aid; verify against current rules and case law before filing.