Legal Question in Civil Litigation in California
Notice requirements on sua sponte (judge-initiated) motions
To Whom It May Concern:
I cannot find a CA statutory authority governing what period of notice a state court trial judge is required to give the parties to the action when the judge brings his own "sua sponte" motion.
1. Is the judge required to give the same period of notice to the parties as the parties are required to give (which depends on the nature of the motion brought before the court)?
2. Are CA judges allowed to give orders via telephone call? If so, what period of notice is the judge required to give the parties to the action when he makes his "telephonic orders"?
1 Answer from Attorneys
Re: Notice requirements on sua sponte (judge-initiated) motions
Generally a judge's order is a final action and no response is required. If you object to an order you can ask for reconsideration or appeal it. A judge can issue his orders over the phone, although they are generally backed with a written order. If not there should be a "minute entry" in the court's notes on the file.
If the court makes a sua sponte motion generally the parties have the same time to respond to the motion as if brought by a party, unless the judge also orders a different time for some reason. You can appeal or ask for reconsideration if the altered time prejudiced your case somehow. The court can make oral or telephonic motions - these are noted in the minute entries.
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