California Code of Civil Procedure
Bringing an action to trial (5-year limit)
Cal. Code Civ. Proc. § 583.310
An action must be brought to trial within five years after it is commenced against the defendant. Enter the filing 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
- 5 years
- Counted
- forward
- If it lands on a non-court day
- roll forward
- Service extensions
- none
Periods during which bringing the case to trial was impossible, impracticable, or futile are excluded under § 583.340 — this calculation does not account for tolling.
Worked example
For a triggering event on Monday, June 15, 2026 with service by personal, the deadline under Cal. Code Civ. Proc. § 583.310 is Monday, June 16, 2031. Every counting step is shown below.
- 1Jun 15, 2026
Trigger date
Monday. The triggering event under Cal. Code Civ. Proc. § 583.310.
- 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 15, 2031
Count 5 year(s) forward
Calendar years from the trigger date.
- 4Jun 15, 2031
No service extension
Service by personal does not extend this period under Cal. Code Civ. Proc. § 583.310.
- 5Jun 16, 2031
Roll forward
Previous date was Sunday (weekend). Moved to the next following court day.
- 6Jun 16, 2031
Deadline
Monday, Jun 16, 2031.
Calculate your own date
Open the calculator with this rule already selected and enter your own triggering event.
Use Cal. Code Civ. Proc. § 583.310 in the calculatorQuestions about Cal. Code Civ. Proc. § 583.310
- How many days is the deadline under Cal. Code Civ. Proc. § 583.310?
- 5 years, counted after the triggering event. An action must be brought to trial within five years after it is commenced against the defendant. Enter the filing date as the trigger.
- Do weekends and holidays count toward the 5 years?
- 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 forward to the next court day.
- Does the day of the triggering event 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. § 583.310?
- 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 triggering event on Monday, June 15, 2026?
- Monday, June 16, 2031, reached in 6 steps with service by personal.
Source and verification
Read the text of Cal. Code Civ. Proc. § 583.310
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)