When and How is it permissible to make an Oral Motion.Is there a Rule of Court-CCP that defines this distinction?

Question

Are there only specific Motions that May be presented via Oral Motion? Or is it more a situation that defines when why and how a Oral Motion May be presented to a Judge.I do not know if this has something or not anything to do with the Question I have requested a response to, but when I think of an Oral Motion this is what comes to my mind as far as a Definition of when and how an Oral Motion May be presented to The Court.Throughout a Proceeding-Hearing-Trial-Adjudication Process there are issues that could not have been foreseen before hand but there is a question of Law or Fact etc. that needs to be deciphered by Plaintiff and or The Defendant, and by bringing an Oral Motion(Spur of the Moment-on the fly), an Oral Motion helps to clarify a right and or legal position when either side is presented with a dilemma and an answer from the Court is necessary right then and there.Is this in the ballpark for When-Why-How an Oral Motion Presents itself?Thank You for your time and response.

James L. Arrasmith · Answer

In California, oral motions are permitted in certain circumstances, but there are also specific rules and limitations governing their use. The California Code of Civil Procedure (CCP) and the California Rules of Court provide guidance on when and how oral motions can be made. 
 
1. Motions that may be presented orally: According to CCP § 1005(b), certain motions may be made orally in open court, including: 
   a. Motions made during a hearing or trial. 
   b. Motions for which notice is not required by law. 
   c. Motions with the court's permission or when all parties are present. 
 
2. Situations that may warrant an oral motion: Oral motions are often used to address immediate issues that arise during a hearing or trial, such as: 
   a. Evidentiary objections 
   b. Requests for continuances 
   c. Modifications to the order of witnesses 
   d. Clarification of procedural matters 
 
3. Limitations on oral motions: Even though oral motions are allowed in certain situations, there are limitations: 
   a. Oral motions should not be used to circumvent the notice requirements for written motions (CCP § 1005(a)). 
   b. The court may require a written motion if the matter is complex or if the opposing party requests time to respond (CCP § 1005(b)). 
 
Your understanding of oral motions being used to address unforeseen issues that arise during a proceeding is generally correct. Oral motions can be an important tool for parties to seek clarification or rulings on matters that require immediate attention. 
 
However, it's important to note that oral motions should not be relied upon for all matters, and parties should still comply with the notice and filing requirements for written motions when appropriate. It's always a good idea to consult with an attorney or refer to the specific rules of the court where the case is being heard for guidance on when and how to use oral motions.

Q: When and How is it permissible to make an Oral Motion.Is there a Rule of Court-CCP that defines this distinction?