California Code of Civil Procedure
Summary judgment reply — 5 days before the hearing
Cal. Code Civ. Proc. § 437c(b)(4)
Reply papers on a motion for summary judgment must be served and filed not less than 5 days preceding the noticed date of 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
- 5 calendar days
- Counted
- backward
- If it lands on a non-court day
- roll backward
- Service extensions
- none
Worked example
For a hearing or target date on Monday, June 15, 2026 with service by personal, the deadline under Cal. Code Civ. Proc. § 437c(b)(4) is Wednesday, June 10, 2026. Every counting step is shown below.
- 1Jun 15, 2026
Trigger date
Monday. The triggering event under Cal. Code Civ. Proc. § 437c(b)(4).
- 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 10, 2026
Count 5 calendar days backward
Every day counts, including weekends and holidays. Intermediate days are not skipped for calendar-day periods.
- 4Jun 10, 2026
No service extension
Service by personal does not extend this period under Cal. Code Civ. Proc. § 437c(b)(4).
- 5Jun 10, 2026
No roll needed
Wednesday is a court day.
- 6Jun 10, 2026
Deadline
Wednesday, Jun 10, 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. § 437c(b)(4) in the calculatorQuestions about Cal. Code Civ. Proc. § 437c(b)(4)
- How many days is the deadline under Cal. Code Civ. Proc. § 437c(b)(4)?
- 5 calendar days, counted before the hearing or target date. Reply papers on a motion for summary judgment must be served and filed not less than 5 days preceding the noticed date of hearing.
- Do weekends and holidays count toward the 5 calendar days?
- Yes. Every intervening day counts, including weekends and holidays. Only the final day is adjusted: if it falls on a weekend or holiday, it rolls backward to the next court day.
- 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. § 437c(b)(4)?
- 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?
- Wednesday, June 10, 2026, reached in 6 steps with service by personal.
Source and verification
Read the text of Cal. Code Civ. Proc. § 437c(b)(4)
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)
- 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)