![]() Service by mail: 16 court days before hearing PLUS five calendar days before the hearing (more if the mailing address is outside California). The server can fill out Proof of Personal Service-Civil (POS-020). Personal service: 16 court days before the hearing, the same as the minimum filing deadline. There is a strict deadline to do this (earlier is always fine). This means that someone over the age of 18 who is not a party in the case must either mail or personally deliver a copy of the motion and related documents to them. You must have all other attorneys (or self-represented parties) served with a copy of the motion, then have the server fill out a Proof of Service which you file along with the motion. The court will cancel the hearing and you will have to start over. Make a note on your calendar to file the motion by this date. The sixteenth court day before the hearing would be May 24, which would be the last day that the motion could be filed. Skip weekends and court holidays (there is one court holiday in this example, which is Memorial Day, May 28). You would start counting backward using the previous court day, Friday, June 15, as day one, as shown in the calendar below. ( CCP § 12c)įor example, suppose your reservation is for Monday, June 18. To determine whether a particular filing date will meet this deadline, start counting backwards on the day before your hearing until you reach the sixteenth court day. “Court days” are Monday through Friday, excluding court holidays. The last legal day to file with the court is at least sixteen court (business) days prior to the motion date ( CCP § 1005). Your reservation is not final until the motion has been filed and any fees paid. Tip: File the motion as soon as possible. If it becomes clear that trial cannot commence within five years, the parties to the case may stipulate to extend the time to commence trial either in writing or by an oral agreement made in open court. For more information, see our guide “ Statutes of Limitation.” The court must order a dismissal without prejudice, which allows the plaintiff to re-file the case, if it is still within the statute of limitations period. The dismissal is based solely on a failure to move the case to trial in five years. The court makes no determination as to the merits of the case or on the evidence. If the action is not brought to trial within five years, dismissal is mandatory on the motion of any party or on the court’s own motion. Examples include periods after settlement is reached or judgment is entered periods when it is “impossible, impractical or futile” to bring the action to trial ( CCP § 583.340(c)) while the trial court’s jurisdiction is suspended, such as when a case is on appeal, or during the time between the death of a defendant and the appointment of a personal representative during a court-ordered stay of proceedings or during contractual or judicial arbitration or mediation. This five year period is “tolled” or paused in some situations. If parties stipulate to arbitration, the arbitration proceedings must begin within the five year period. If other defendants are later added, those actions will have a different date of commencement.Īn action is “brought to trial” when the jury is sworn in a jury trial, or when the first witness is sworn in a non-jury trial. ![]() An action “commences” on the date the original complaint is filed with the court against the defendant. Under CCP § 583.310, an action must be brought to trial within five years after it is commenced against the defendant. Additionally, requiring cases to be brought to trial within a set time period ensures that cases do not drag on, leaving issues undecided indefinitely. The law creates these time limits to ensure that cases are brought to trial before evidence is lost or destroyed, and while witness memories are still reliable.
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