California Code of Civil Procedure
Motion notice period (16 court days before the hearing)
Cal. Code Civ. Proc. § 1005(b)
Moving papers must be served and filed at least 16 court days before the hearing. Counted backward from the hearing date, skipping weekends and judicial holidays. Enter the hearing date as the trigger.
Not legal advice. Computed dates are informational only. Verify every deadline against the governing rule, your court's local rules, and the judge's standing orders.
How this deadline is computed
- Period
- 16 court days
- Counted
- backward
- If it lands on a non-court day
- roll backward
- Service extensions
- mail +5 cal., overnight +2 court, fax +2 court, electronic +2 court
Mail adds 5 calendar days for in-state mailing; overnight, fax, and electronic service each add 2 court days. Out-of-state mail adds 10 days and mail outside the United States adds 20 — use the dedicated § 1013 entries for those.
Worked example
For a hearing or target date on Monday, June 15, 2026 with service by mail, the deadline under Cal. Code Civ. Proc. § 1005(b) is Friday, May 15, 2026. Every counting step is shown below.
- 1Jun 15, 2026
Trigger date
Monday. The triggering event under Cal. Code Civ. Proc. § 1005(b).
- 2Jun 15, 2026
Exclude the trigger day
The day of the triggering event is not counted. Counting begins with the next day (FRCP 6(a)(1)(A) and analogous state rules).
- 3May 21, 2026
Skipped non-court days
9 day(s) were not counted: Jun 14, 2026 — Sunday (weekend); Jun 13, 2026 — Saturday (weekend); Jun 7, 2026 — Sunday (weekend); Jun 6, 2026 — Saturday (weekend); May 31, 2026 — Sunday (weekend); May 30, 2026 — Saturday (weekend); May 25, 2026 — Memorial Day; May 24, 2026 — Sunday (weekend); May 23, 2026 — Saturday (weekend).
- 4May 21, 2026
Count 16 court days backward
Weekends and court holidays are excluded from the count.
- 5May 16, 2026
Apply 5-calendar day service extension
Service by mail adds 5 calendar day(s) before the period (Cal. Code Civ. Proc. § 1005(b)).
- 6May 15, 2026
Roll backward
Previous date was Saturday (weekend). Moved to the next preceding court day.
- 7May 15, 2026
Deadline
Friday, May 15, 2026.
Calculate your own date
Open the calculator with this rule already selected and enter your own hearing or target date.
Use Cal. Code Civ. Proc. § 1005(b) in the calculatorQuestions about Cal. Code Civ. Proc. § 1005(b)
- How many days is the deadline under Cal. Code Civ. Proc. § 1005(b)?
- 16 court days, counted before the hearing or target date. Moving papers must be served and filed at least 16 court days before the hearing. Counted backward from the hearing date, skipping weekends and judicial holidays. Enter the hearing date as the trigger.
- Do weekends and holidays count toward the 16 days?
- No. Court-day periods skip Saturdays, Sundays, and court holidays in California (State Courts). Only days the court is open are counted.
- Does the day of the hearing or target date count?
- No. The day of the triggering event is excluded and counting begins the following day, under Fed. R. Civ. P. 6(a)(1)(A) and the analogous state provisions.
- Does the method of service change the deadline under Cal. Code Civ. Proc. § 1005(b)?
- Yes. Service by mail adds 5 calendar days; by overnight adds 2 court days; by fax adds 2 court days; by electronic adds 2 court days. Personal service and any method not listed add nothing.
- Worked example: what is the deadline for a hearing or target date on Monday, June 15, 2026?
- Friday, May 15, 2026, reached in 7 steps with service by mail.
Source and verification
Read the text of Cal. Code Civ. Proc. § 1005(b)
Not yet checked against the official text. This entry encodes the rule as published, but no line-by-line verification against the current statute has been recorded. Confirm the period against the source above before relying on it.
Other California (State Courts) deadlines
- Opposition papers (9 court days before the hearing)Cal. Code Civ. Proc. § 1005(b)
- Reply papers (5 court days before the hearing)Cal. Code Civ. Proc. § 1005(b)
- Response period extended by in-state mail service (§ 1013(a))Cal. Code Civ. Proc. § 1013(a)
- Response period extended by out-of-state mail service (§ 1013(a))Cal. Code Civ. Proc. § 1013(a)
- Response period extended by mail service outside the United States (§ 1013(a))Cal. Code Civ. Proc. § 1013(a)
- Demurrer to a complaint or cross-complaintCal. Code Civ. Proc. § 430.40(a)
- Motion to strikeCal. Code Civ. Proc. § 435(b)(1)
- Summary judgment motion — 75 days' noticeCal. Code Civ. Proc. § 437c(a)(2)
- Summary judgment opposition — 14 days before the hearingCal. Code Civ. Proc. § 437c(b)(2)
- Summary judgment reply — 5 days before the hearingCal. Code Civ. Proc. § 437c(b)(4)