California Civil Procedure Cheat Sheet: Deadlines and the 5-Year Rule

The key deadlines in California civil procedure run from before a case is filed through 60 days after judgment, and most of them are unforgiving. Miss the statute of limitations and your claim is gone. Miss the deadline to answer, and the other side can take a default. Miss the notice of appeal window, and the Court of Appeal has no power to help you. This is the working list of dates that control a civil case in a California superior court, in the order they come at you.

Quick Reference of Every Major Deadline

Statute of Limitations: The Deadline Before You Even File

Before any other deadline matters, you have to be inside the statute of limitations for your type of claim. The clock generally starts when the harm occurs. For fraud and some latent-injury claims, it starts when you discover, or reasonably should have discovered, the problem.

The common windows: two years for personal injury or wrongful death,1California Legislative Information. California Code of Civil Procedure CCP 335.1 four years for breach of a written contract,2California Legislative Information. California Code of Civil Procedure CCP 337 two years for an oral contract, three years for fraud measured from discovery, and three years for trespass or nuisance.

Courts dismiss cases filed a single day late. If you are anywhere near a deadline, file first and clean up the details afterward. No amount of strong evidence rescues a time-barred claim.

After Filing: Serving the Complaint and the Response Clock

Filing starts a chain of clocks. First, the plaintiff has 60 days from filing to serve the summons and complaint on every named defendant and file proof of service. If that window closes without proof on file, the court can dismiss the case on its own.3Judicial Branch of California. California Rules of Court Rule 3.110

Once a defendant is personally served, they have 30 days to respond.4California Legislative Information. California Code of Civil Procedure CCP 430.4012California Legislative Information. California Code of Civil Procedure CCP 435.5

A defendant who ignores the 30 days risks a default. In a straightforward claim for a specific dollar amount based on a contract, the clerk can enter judgment immediately for the amount demanded. In every other type of case, the plaintiff must prove up damages before a judge.13California Legislative Information. California Code of Civil Procedure CCP 585

Anti-SLAPP: A Special 60-Day Window

If a lawsuit targets protected speech or petitioning activity, a defendant can file a special motion to strike under the anti-SLAPP statute. The filing window is 60 days from service of the complaint. Filing the motion automatically freezes discovery until the court rules, and if the plaintiff cannot show a reasonable probability of prevailing on the merits, the case is dismissed and the defendant recovers attorney’s fees and costs.5California Legislative Information. California Code CCP 425.16

Discovery Response Deadlines

Discovery is where deadlines multiply. The baseline is 30 days from personal service to respond to any interrogatories, requests for production, or requests for admission. If the request was mailed within California, the response window grows to 35 days from mailing.6Judicial Branch of California. Respond to a Request for Discovery in a Court Case Electronic service adds two court days on top of whatever the underlying deadline is.14California Legislative Information. California Code CCP 1010.6

Missing a discovery deadline is expensive. Courts must impose monetary sanctions on the non-compliant party unless there is substantial justification or the sanction would be unjust.15California Legislative Information. California Code CCP 2023.030 Providing overdue responses after a motion to compel has been filed does not necessarily save you from sanctions.16Judicial Branch of California. California Rules of Court Rule 3.1348 Beyond money, judges can impose issue sanctions, evidence sanctions, terminating sanctions, or hold the offender in contempt.

Expert Witness Exchange

Either side can demand a formal exchange of expert witness information. The exchange date defaults to 50 days before the initial trial date, or 20 days after the demand is served, whichever is closer to trial.7California Legislative Information. California Code CCP 2034.230 Each side’s disclosure has to include the expert’s qualifications, a summary of expected testimony, and the expert’s fee schedule. An expert not disclosed by the deadline generally cannot testify.

Summary Judgment: The 81-Day Notice Rule

A motion for summary judgment can end a case — or specific claims — without trial. The notice math is strict. The moving party must serve the papers at least 81 days before the hearing. Add five days for mail service within California, ten for mailing elsewhere in the U.S., and twenty for international mailing.8California Legislative Information. California Code of Civil Procedure CCP 437c Counting wrong is one of the fastest ways to have the motion denied on procedural grounds.

Mandatory Settlement Conference Statement

When the court orders a mandatory settlement conference, each side must submit a settlement conference statement no later than five court days before the conference. The statement has to include a good-faith settlement demand or offer, an itemization of damages, and a discussion of the key facts and legal issues.9Judicial Branch of California. California Rules of Court Rule 3.1380 Trial counsel, the parties, and anyone with settlement authority must attend in person.

The Five-Year Rule

California puts an absolute outer boundary on how long a case can sit. Every civil action must be brought to trial within five years after filing, or dismissal is mandatory.10California Legislative Information. California Code CCP 583.310 Certain periods, such as time spent in a bankruptcy stay or other situations beyond the parties’ control, may toll the clock. The five-year cap still applies to nearly every civil case in the state.

Appeal Deadlines Are Jurisdictional

A losing party who wants to appeal has 60 days from the date someone serves a formal notice of entry of judgment. If nobody serves that notice, the deadline stretches to 180 days after the judgment is entered.11Judicial Branch of California. California Rules of Court Rule 8.104 Both deadlines are jurisdictional. A late notice of appeal cannot be fixed by any showing of good cause, because the appellate court simply has no power to hear it.

Appeals from unlimited civil cases (matters above $35,000) go to the Court of Appeal.17California Legislative Information. California Code CCP 85 Appeals from limited civil cases go to the appellate division of the superior court, with more restricted grounds for review. Filing an appeal does not stop enforcement of the judgment. To keep the winning party from collecting during the appeal, the losing party usually has to post a bond covering the full judgment.

A Note on Counting Days

Almost every deadline shifts based on how service was delivered. Personal service starts the shortest clock. Mail adds days: five within California for most motions, more for out-of-state or international mailing. Electronic service adds two court days. Anything filed electronically between 12:00 a.m. and 11:59 p.m. on a court day is deemed filed that day; anything filed on a non-court day rolls to the next court day.14California Legislative Information. California Code CCP 1010.6 When you calendar a deadline, calendar the service method with it, because the two together are what actually control the date.