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Civil Procedure Timelines

Last edited 143 days ago by Ted Broomfield

This article targeted at attorney readers provides a basic list of deadlines under California Civil Procedure, summarized as 30 days for responsive pleadings, 60 days after demand for initial disclosures, 30 days for responses to written discovery, 16 court days for regular notice motions, 75 days for motions for summary judgment, to be heard at least 30 days before trial; add time extenders. Note, in counties with reservation systems, the reservation system may only have dates available long after the minimum time frame for your procedure, so plan in advance.

Pleadings

Serve Defendant after Complaint Filed. Sixty (60) days after filing. [

CRC 3.110⁠

] [Code of Civ. Proc. §

⁠

583.210⁠

that requires serving the Summons and Complaint within three (3) years after the Complaint is filed.]

Serve Defendant Added via Amended Complaint. Thirty (30) days after adding. [Source:

CRC 3.110(b)⁠

]

Proof of Service of Summons and Complaint. Sixty (60) days after filing complaint. [Source:

CRC 3.110⁠

] [See also Code of Civ. Proc. §

⁠

583.210⁠

which requires filing the Proof of Service within 60 days after serving the complaint.

Defendant Time Limit to File Answer or Demurrer. Thirty (30) days from date complaint was served. [Code of Civ. Proc. §

412.20⁠

Time extension for filing responsive pleading. Only one (1) extension of fifteen (15) days, per

California Rule of Court 3.110⁠

Discovery

Initial Disclosures. Sixty (60) days after demanded, mutual, including by party demanding. Comprised of names, contact, and potential testimony of each person; copy or description by category of documents; copies of insurance policies that may be able to satisfy judgment. Based on information reasonably available. May propound supplemental demand, twice before trial setting, once before trial. Verified by party or representative, or signed by the attorney. Code of Civil Procedure section

2016.090⁠

. Note in 2027, changes to 45 days after court order, mandatory updates based on material changes.

Plaintiff may Serve Discovery Questions to Another Party. Ten (10) days after service of complaint. [ROGS - Code of Civ. Proc. §

⁠

2030.020⁠

(b); RFAS - Code of Civ. Proc. §

⁠

2033.020(b) DOCS - Code of Civ. Proc. §

⁠

2031.020].

Defendant may Serve Discovery. Anytime. [Code of Civ. Proc. §

⁠

2030.020⁠

]. However, if a Defendant avails self of discovery, Defendant may not be able to quash service.

Discovery Closes (with the exclusion of expert lists, and expert depositions). Thirty (30) days before trial, or after non-binding arbitration. [Code of Civ. Proc. §

⁠

2034.210⁠

; Code of Civ. Proc. §

⁠

1141.24⁠

Experts Must Be Demanded. Serve on opposing counsel at least Seventy-five (75) days before trial, or within fifteen (15) days of setting trial date, whichever is closer to trial date). [Code of Civ. Proc. §

⁠

2034.220⁠

]. Those deadlines include the five (5) calendar days for mail service extension.

Experts Must Be Disclosed. Fifty (50) days before trial (or 20 days after service of demand, whichever is closer to trial date). [Code of Civ. Proc. §

⁠

2034.230⁠

998 Offers to Compromise. No later than ten (10) days prior to actual trial, defined as impaneling the jury. [Code of Civ. Proc. §

⁠

998⁠

Plaintiff May Serve Deposition Notice. Twenty (20) days after service of Complaint. [Code of Civ. Proc. §

⁠

2025.210⁠

Subpoena for Personal (medical) records. Must be served on consumer at least twenty (20) days before date of production, including the five day extender for service by mail. [Code of Civ. Proc. §

⁠

1985.3(d)⁠

incorporating Code of Civ. Proc. §

⁠

2020.220(a)⁠

]. The subpoena may not be served on records custodian until at least ten (10) days after service on consumer - meaning the five (5) days specified by code, plus the five day extender for mail service. [

Code of Civ. Proc. § 1985.3(b)(3)⁠

Subpoena for Employment Records – Must be served on the employee at least twenty (20) days before date of production, including the five day extender for service by mail, and at least ten (10) days, the five day extender for service by mail before service on the witness. [

CCP § 1985.6(b)(2)&(3).⁠

] Must be served on records custodian 15 days before date of production. [

Code of Civ. Proc. § 1985.6(b)(3)⁠

Motion to Quash Subpoena Duces Tecum. Must be served on defense counsel at least five (5) days before date for production of documents [

CCP 1985.3(g)⁠

1985.6(f)(2)⁠

] Note: Court may still grant a motion to quash after this time. [

Slage v. Sup. Ct. (1989) 211 Cal. App.3d 1309, 1313⁠

]

Move to Compel Additional Answers – 45 days. [

CCP § 2030.300⁠

]

Respond to Written Discovery – 30 days (+5 days if questions were mailed).

Discovery Closes Before Arbitration – 15 days before arbitration. [

CRC 3.822⁠

]. Note: Extending the trial date does not automatically extend the discovery cutoff date.

Discovery closes before trial: 30 days before trial – or 15 days before arbitration. [

CCP 2024.020⁠

]

Last Day to Hear Discovery Motions – 15 days before trial. [

Code of Civ. Proc. sect. 2024.020⁠

]

Practical Last Day to Serve Discovery (and be able to make a motion on it). Ninety (90) to one hundred (100) days before trial.

Deposition Notice. Defendant may serve any time. Plaintiff must wait twenty (20) days after service of Summons and Complaint to serve deposition notice. [

Code of Civ. Proc. 2025.210⁠

]

Depositions. Must be set at least ten (10) days in the future (+5 days if the notice is mailed –

Code of Civ. Proc. 1013⁠

). [

Code of Civ. Proc. 2025.270⁠

Deposition Objection – A party must “promptly” object at least 3 calendar days (+5 for mail) before the date of the deposition. [

Code of Civ. Proc. 2025.401(a)⁠

]

Depositions With Records Requests. If seeking “personal records” of a “consumer” the procedure differs depending on whether one is taking the deposition of a party (plaintiff, defendant, cross-defendant, etc.) or a non-party witness:

For parties to the lawsuit . No subpoena is necessary, and the party can be compelled to produce “personal records” with only 10 days notice. [

Code of Civ. Proc. 2025.270⁠

] (+5 days if the notice is mailed –

Code of Civ. Proc. 1013⁠

For non-party witnesses. A subpoena must be issued at least 20 days before the deposition. [

CCP 2025.270⁠

] (+5 days if the notice is mailed –

Code of Civ. Proc. 1013⁠

)

Depositions in Unlawful Detainer Actions. Only 5 days notice required. [

Code of Civ. Proc. 2025.270(b)⁠

]

Expert Discovery

Experts Must Be Demanded. Seventy (70) days before trial (or within ten (10) days of setting trial date, whichever is closer to trial date) [

CCP 2034.220⁠

]

Experts Must Be Disclosed. Fifty (50) days before trial (or twenty (20) days after service of demand, whichever is closer to trial date. [

Code of Civ. Proc. 2034.230⁠

]

Supplemental Expert Disclosure – Must be disclosed within 20 days of the Exchange of Expert Witnesses. May only disclose witness to cover a subject covered by opponent’s witnesses. [

Code of Civ. Proc. 2034.280⁠

]

Expert Depositions. May be set “On receipt of an expert witness list from a party.” [

Code of ⁠

Civ. Proc. 2034.410]

Expert Discovery Cut Off. Fifteen (15) days before original trial date. [

Code of Civ. Proc. 2024.030⁠

Last Day for Motions Regarding Experts. Ten (10) days before original trial date. [

Code of ⁠

Civ. Proc. 2024.030].

Experts Must Provide Documents Before Their Depo. –Three (3) business days before a deposition, experts must provide a copy of the documents that they are producing in response to the deposition notice. [Code of Civ. Proc. 2034.415]

Motions

Noticed motions. must be served and filed 16 court days before the hearing date (+ 5 more calendar days if served by mail) (+ 2 more if served by fax, express mail, or overnight delivery). [

Code of Civ. Proc. 1005⁠

] Note:

Code of ⁠

Civ. Proc. 1013 does not apply.

Opposition to noticed motion – must be filed and served 9 court days before hearing. [

CCP 1005⁠

Reply to noticed motion – 5 court days before hearing. [

CCP 1005⁠

Ex Parte Motion. Opposing party must be notified by 10:00 A.M. the day before the hearing, absent “exceptional circumstances.” [

CRC 3.1203⁠

]. Note: This is a minimum. Check local rules for more strict notice periods.

Table of Contents/Authorities. Required for motions over 10 pages. [

CRC 3.1113(f)⁠

]

Trial

998 Offers to Compromise. Can be made up until 10 days prior to trial, definitely need as impanelling jury. [

Code of Civ. Proc. 998⁠

Notice to Appear at Trial (to party) [Without documents]. Ten (10) days before trial, send notice with time and place to attorney. [

Code of Civ. Proc. § 1987(b)⁠

Notice to Appear at Trial (to party) [With documents] Twenty (20) days before trial, send notice with time and place to attorney. [

Code of Civ. Proc. § 1987(c)⁠

Objection to Notice to Appear At Trial With Documents. Five (5) days “or any other time period as the court may allow” [

Code of Civ. Proc. § 1987(c)⁠

Statute of Limitations

Written Contract - Four (4) years; Oral Contract - Two (2) years. [Code of Civ. Proc. §

⁠

338]

Fraud - Three (3) years. [Code of Civ. Proc. §

⁠

337(d)]

Collection of Rent in Violation of Code of Civil Procedure section 1942.4. Three (3) years.

Personal Injury. Two (2) years. [

CCP 335.1⁠

Medical Malpractice. Three (3) years from the date of injury, or 1 year after the plaintiff discovers the injury, whichever occurs first. [

CCP 340.5⁠

] Note: You must give 90 days notice of intent to sue. [

CCP 364⁠

]. Note: Statute may be tolled by (1) upon proof of fraud, (2) intentional concealment, or (3) the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injured person. [

Code of Civ. Proc. 340.5⁠

]

Lawsuits Against Public Entities (Like Cities or Counties). Must file a claim within six (6) months. Then you have six (6) months from date of the rejection letter to file a lawsuit. [

Cal. Gov Code 910⁠

910.2⁠

911.2⁠

911.4⁠

]

Late Claims Against Public Entities – If a claim is not presented within six (6) months, a written application to present a late claim may be filed. However, the application must be presented within a reasonable time, not to exceed one (1) year from date of the accrual of the cause of action, and must state the reason for delay in presenting the claim. [

Cal. Gov Code 910⁠

910.2⁠

911.2⁠

911.4⁠

]

If Public Entity Does Nothing for 45 Days. The claim is deemed rejected, and the six (6) month time limit to file a lawsuit starts to run on the forty-fifth (45th) day. [

Cal. Gov Code 911.6⁠

]

Time Limit to Bring Case to Trial. Five (5) years from the date the lawsuit was filed. [

CCP 583.310⁠

]

UN-Insured Motorist Arbitration – Two (2) years (even for minors!). [

Insurance Code 11580.2(i)(1)⁠

]

UNDER-Insured Motorist. Does not accrue until the third party limits are exhausted. [

Insurance Code 11580.2(p)(3)⁠

]

Penalty Statutes - 1 year: Defined as statutes that proscribe damages other than actual damages, such a set dollar figures, or treble damages, one year. [

Code of Civil Procedure section 340⁠

Beware of

Menefee v. Ostawari (1991) 228 Cal. App. 3d 239⁠

, 246 holding that when the only civil wrongs alleged are a violation of a one-year statute of limitations period, when such a violation supports other causes with longer statute periods, if the complaint is filed more than one year after the conduct that violated the penalty statute, that conduct is time-barred for the penalty statute, and therefore cannot support other causes, there is no violation of the other rules. See the

Menefee Brief⁠

Service - Time Extenders

Personal- none

U.S. Mail in State - 5 days [calendar]

U.S. Mail out of State 1- days [calendar]

Priority Mail or Electronic Service 2 court days

Statute of Limitations

Service - Time Extenders

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