Common Motions Filed in California, Texas, Florida and New York State Courts and Timeline
Please verify with state and local rules and procedures
Please verify with state and local rules and procedures
1. California
| Motion Type | Governing Rule / Statute | When to File / Serve | Additional Notes / Outcome |
|---|---|---|---|
| Noticed motion (general) | California Code of Civil Procedure § 1005 & California Code of Civil Procedure § 1013 | At least 16 court days before the hearing date for filing/serving the notice, plus 5 calendar days if served by mail. Oppositions: at least 9 court days before hearing. Replies: at least 5 court days before hearing. | These timing rules apply broadly for noticed motions (civil). Local rules may require more. |
| Motion for Summary Judgment / MSJ | California Code of Civil Procedure § 437c | Must be heard no later than 30 days before the date of trial, unless the court for good cause orders otherwise. Additionally, service/filing must comply with §1005 timing. | If granted, ends case or claim without trial. |
| Discovery-motion (to compel, etc) | California Code of Civil Procedure § 2024.020 | Motions concerning discovery must be heard on or before the 15th day before the date initially set for trial. | If omitted, may lose right to seek discovery relief at late stage. |
| Motion for Judgment on the Pleadings / similar | Local rule via §1005 timing | File/serve at least 16 court days before hearing; opposition 9 court days; reply 5 court days. | Judgment may be entered based only on the pleadings. |
2. Florida
| Motion Type | Governing Rule / Statute | When to File / Serve | Additional Notes / Outcome |
|---|---|---|---|
| Noted civil motion (general) | Florida Rule of Civil Procedure 1.510 & local variant (timing) | The new rules effective Jan 1 2025 change some case-management timelines. Default: motion must be noticed sufficiently in advance so the other side has time to respond (see local rules). | Because of recent amendments, check local circuit rule for exact days before hearing. |
| Motion for Rehearing / New Trial | Florida Rule of Civil Procedure 1.530 & motion for rehearing in non-jury case noted in official rules. | Time is computed from the date of filing the judgment (in non-jury action) for motion for rehearing. The rule indicates the date of filing of judgment is the start of the deadline. | Failure to timely serve the motion may bar relief or stay of execution. |
| Case-management motions | Florida new rules 2025 | Variable, as rules now require tracking deadlines for case management, discovery. | Useful to check local circuit administrative orders. |
Note: I was unable to locate a widely published generic “16‐/9‐/5” type schedule for Florida civil motions comparable to California; local court rules will control.
3. Texas
| Motion Type | Governing Rule / Statute | When to File / Serve | Additional Notes / Outcome |
|---|---|---|---|
| General civil motions | Texas Rules of Civil Procedure 21a and local district/county court rules | There is not a universal fixed “16 court days before hearing + opposition 9 days” published statewide. One article notes basic response deadlines: answer or motion typically 20-30 days after service of complaint. | Because Texas is large and each court may set local rules, it's essential to check the county/bench docket control order. |
| Motion for Summary Judgment | Texas statutory/Rule basis; recent legislation referenced | New legislation (as of late 2025) imposes deadlines: court must set hearing within 60 days of motion filing date (or 90 days with good cause) for motions for summary judgment. | The specialized deadline is unique; older practice may still apply in many counties until local rules adapt. |
4. New York
| Motion Type | Governing Rule / Statute | When to File / Serve | Additional Notes / Outcome |
|---|---|---|---|
| General civil motion in Supreme/County Court | New York Civil Practice Law & Rules § 2214 & court handouts | Motion papers served at least 8 days before the return date if personally served. If served by mail, the hearing date must be at least 13 days after mailing. For full 7‐day advance for opposition, ideal is 16 days (or 21 if mailed). | The “return date” is the hearing date; timely service is a threshold. |
| Motion for Summary Judgment / similar | CPLR § 3212 (for summary judgment) | The moving party must specify sufficient time for the opposing party to respond; typical practice: service and filing at least 30 days before return date, check local rules. | Because each county’s “Where and When Motions Heard” calendar varies, practical deadlines may differ. |
📝 Notes & Caveats
These tables focus on civil motions in state court in the four jurisdictions. They do not include criminal motion timelines (which depend on statute, rules of criminal procedure, and often differ by local jurisdiction).
Many states’ courts allow local rules or individual judges’ orders to shorten or lengthen the timing requirements (for instance, by stipulation, order shortening time, emergency motions).
Many “hearing date” calendars vary by county, court, or department; thus the “advance notice” in days may differ in practice or local rule overlay.
The timings for filing the motion papers themselves (not just hearing date) may also require additional lead time (preparing exhibits/affidavits, scheduling a hearing date).
Especially in Texas and Florida, local practice and recent rule changes mean you’ll want to check the specific court’s schedule/bench order.
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