Notice of Lodgment in California: Rule 3.1312 and Filing Steps

A notice of lodgment in California is a document you file with the court that itemizes materials you’re handing to the judge temporarily rather than adding to the permanent case file. The notice itself stays in the record as a receipt; the lodged materials come back to you or get deleted once the judge no longer needs them. California Rules of Court Rule 3.1302 sets the baseline for how this works, and getting the mechanics right matters because sloppy lodging can mean the court returns your materials unprocessed or disregards them.¹

Lodging Is Not Filing

Filing and lodging are different acts with different consequences. When you file a document, the clerk stamps it and it becomes a permanent, publicly accessible part of the case record. When you lodge a document, you’re giving it to the court for a specific, limited purpose. It doesn’t join the permanent file.

After the court resolves the matter the lodged material relates to, the clerk either mails paper documents back using the envelope you provided or permanently deletes electronic ones after sending a deletion notice to the address you specified.¹ The court has no duty to store your lodged materials indefinitely, which is why the rules make you arrange for their return up front.

The notice of lodgment itself is filed. It stays in the case file as a permanent record of what you submitted and when, even after the lodged materials themselves have been mailed back or deleted.

When Lodging Comes Up

A handful of situations produce most of the lodging you’ll encounter in California Superior Court. In each, the material serves a temporary purpose and doesn’t belong permanently in the case file.

Proposed orders and judgments prepared after a ruling, which aren’t official until the judge signs them.
Administrative records in writ of mandate cases challenging a government agency’s decision. Rule 3.2206 requires the record to be lodged with the court and served on every other party.²
Unpublished appellate opinions or other authorities you’re citing that aren’t publicly reported.
Voluminous deposition transcripts and exhibits needed for a specific motion or hearing.

How to Prepare the Notice

A notice of lodgment follows the same general formatting rules as any other paper submitted to California Superior Court. The first page carries the case caption with the court name, parties’ full names, and case number. Below the caption, list the hearing date, the hearing judge if known, and the nature of the document. Pages are consecutively numbered in Arabic numerals.³

The body is an inventory. Number each item and describe it specifically enough that the judge and opposing counsel can identify it without guessing. For each entry, give what the document is, when it was prepared, and who is submitting it. Six deposition transcripts should be listed by deponent name and deposition date, not lumped together as “deposition transcripts.” Vague descriptions invite confusion, and confusion can lead the court to ignore what you lodged.

If the lodged materials include exhibits, provide an exhibit index that briefly describes each exhibit and identifies its number or letter and page number.³ Paper exhibits need tabbed divider sheets between them. Electronic exhibits need bookmarks linking to the first page of each, unless you’re self-represented.

File the notice with the court and serve it on all other parties. The lodged materials themselves accompany the notice but follow the lodging procedure rather than the filing procedure. Serving the notice ensures every party knows exactly what you’ve handed the judge.

Submitting Paper Versus Electronic Lodgings

Submission mechanics depend on format, and the clerk will reject a submission that doesn’t comply.

For paper lodgings, include a self-addressed envelope with enough postage for the court to mail the materials back once the matter is resolved.¹ For bulky lodgings like an administrative record, this can mean a padded mailer with substantial postage. Some courts also accept attorney service pick-up arrangements, but a stamped return envelope is the baseline requirement under the statewide rule.

For electronic lodgings, clearly specify the electronic address where the court can send a deletion notice.¹ Whether electronic lodging is available and how it works varies by courthouse, so check your local court’s website for the portal or email address handling lodged documents.

Whatever the format, file and serve the notice first, then deliver the materials. Some courts have a dedicated drop box or window for lodged materials separate from general filing, so review the local rules before you go.

Proposed Orders and the Rule 3.1312 Deadlines

Lodging a proposed order after a motion ruling is where most litigants first meet this procedure, and California Rules of Court Rule 3.1312 sets tight deadlines. The prevailing party has five days after the ruling to prepare a proposed order conforming to it and serve the opposing side. The other party then has five days to approve the proposed order or state objections. Failing to respond in that window counts as approval.⁴

One trap catches people repeatedly: the usual extensions of time for different service methods do not apply here. Serving by mail does not add days. The five-day clock runs the same regardless of how you serve.⁴

Once the approval period ends, the prevailing party promptly transmits the proposed order to the court along with a summary of any objections received or a statement that no one responded.⁴ The proposed order is lodged, not filed, because it isn’t an official court order until the judge signs it.

In e-filing cases, submit two versions. A PDF attached to a completed Proposed Order Cover Sheet (form EFS-020) gets e-filed. A separate editable word-processing version is emailed to the court so the judge can revise the language before signing. Each court publishes the specific email address for editable proposed orders.⁴

An exception: when a motion was unopposed and you submitted a proposed order with your moving papers, Rule 3.1312 doesn’t apply unless the court orders otherwise.

What Happens to Lodged Materials After

Lodged materials have a limited shelf life at the courthouse. Once the court resolves the issue the materials relate to, the clerk mails paper documents back in the envelope you provided or permanently deletes electronic materials after sending a deletion notice.¹ There’s no separate hearing or process. The clerk simply disposes of the materials once they’ve served their purpose.

Trial exhibits are treated differently. The clerk cannot release any exhibit without a court order and must obtain a signed receipt whenever an exhibit is released.⁵ So while lodged motion papers may return in the mail relatively quickly, trial exhibits stay under tighter controls even after a case concludes.

The practical takeaway: don’t use the court as a storage facility. Keep your own copies of everything you lodge. Once the court mails something back or deletes it, there is no guaranteed second chance to retrieve it.

Federal Court Is a Separate System

Federal district courts and bankruptcy courts sitting in California have their own lodging procedures that don’t track state practice. Local rules, electronic portals, and deadlines differ from the California Superior Court system. If your case is in federal court, check the local rules for the specific court handling it rather than relying on the state procedure described above.

1
Judicial Branch of California. California Rules of Court Rule 3.1302 – Place and Manner of Filing
2
Judicial Branch of California. California Rules of Court Rule 3.2206 – Lodging and Service
3
Judicial Branch of California. California Rules of Court Rule 3.1110 – General Format
4
Judicial Branch of California. California Rules of Court Rule 3.1312 – Preparation and Submission of Proposed Order
5
Judicial Branch of California. California Rules of Court Rule 2.400 – Court Records