California Code of Civil Procedure
Opposition papers (9 court days before the hearing)
Cal. Code Civ. Proc. § 1005(b)
All papers opposing a noticed motion must be served and filed at least 9 court days before the hearing.
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
- 9 court days
- Counted
- backward
- If it lands on a non-court day
- roll backward
- Service extensions
- none
The § 1013 extensions do not enlarge the opposition and reply periods — § 1005(b) sets them by court days from the hearing.
Worked example
For a hearing or target date on Monday, June 15, 2026 with service by personal, the deadline under Cal. Code Civ. Proc. § 1005(b) is Tuesday, June 2, 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).
- 3Jun 2, 2026
Skipped non-court days
4 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).
- 4Jun 2, 2026
Count 9 court days backward
Weekends and court holidays are excluded from the count.
- 5Jun 2, 2026
No service extension
Service by personal does not extend this period under Cal. Code Civ. Proc. § 1005(b).
- 6Jun 2, 2026
No roll needed
Tuesday is a court day.
- 7Jun 2, 2026
Deadline
Tuesday, Jun 2, 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)?
- 9 court days, counted before the hearing or target date. All papers opposing a noticed motion must be served and filed at least 9 court days before the hearing.
- Do weekends and holidays count toward the 9 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)?
- No. This period is not extended by the method of service — it runs from the triggering event itself.
- Worked example: what is the deadline for a hearing or target date on Monday, June 15, 2026?
- Tuesday, June 2, 2026, reached in 7 steps with service by personal.
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
- Motion notice period (16 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)