California Code of Civil Procedure Rule 1.10
Note: California has adopted many federal rules but with state-specific modifications. Always verify current California court rules.
Quick Navigation
Rule Overview
California Code of Civil Procedure Rule 1.10 governs the computation of time for various court deadlines and proceedings in California state courts. While similar to federal rules, it contains important state-specific provisions.
This rule applies to all time periods specified in the California Rules of Court, California Code of Civil Procedure, and other applicable statutes, unless a different method of computation is specifically prescribed.
Service Requirements
Personal Service
- • Immediate effective date
- • No additional time added
- • Most reliable method
- • Preferred for time-sensitive matters
Mail Service
- • Add 5 calendar days to response time
- • Applies to first-class mail within California
- • Add 10 days for out-of-state service
- • Certified mail recommended
Electronic Service
- • Add 2 court days to response time
- • Must have consent for electronic service
- • Service complete when sent
- • Requires confirmation of receipt
Other Methods
- • Fax service: Add 2 court days
- • Overnight delivery: Add 1 court day
- • Publication: As ordered by court
- • Substituted service: Case-specific rules
Filing Deadlines
Key Filing Rules
- 1Court hours: Papers must be filed during court business hours unless emergency filing is authorized.
- 2Electronic filing: Available 24/7 but subject to court's electronic filing rules and deadlines.
- 3Mailbox rule: Papers timely mailed are deemed filed on the postmark date if properly addressed.
Important Deadline Considerations
- • Some courts have specific local rules for filing deadlines
- • Emergency filings may have different procedures
- • Electronic filing systems may have technical cutoff times
- • Always verify local court rules and procedures
Computation of Time
Calendar Days vs. Court Days
- • Calendar days: Include weekends and holidays
- • Court days: Exclude weekends and court holidays
- • Check specific rule language for which applies
- • Most response deadlines use calendar days
Holiday Extensions
- • Deadlines falling on court holidays are extended
- • Extended to next court business day
- • Includes state and federal holidays
- • Some courts observe additional local holidays
Calculation Method
- 1Exclude the triggering day: Do not count the day the document was served or the event occurred.
- 2Count forward: Count the specified number of days from the day after service or the triggering event.
- 3Include the last day: The deadline falls on the last day of the period, unless it's a holiday.
- 4Add service time: Add additional days based on the method of service used.
Calculation Examples
Example 1: Personal Service - 30-Day Response
Scenario: Complaint personally served on Monday, March 1. Defendant has 30 days to respond.
Calculation:
- • Start: Tuesday, March 2 (exclude service day)
- • Count: 30 calendar days
- • End: Wednesday, March 31
- • Additional time: None (personal service)
Result: Response due Wednesday, March 31
Example 2: Mail Service with Extension
Scenario: Motion served by mail on Friday, March 5. Response due in 15 days.
Calculation:
- • Base period: 15 calendar days
- • Start: Saturday, March 6
- • Base deadline: Saturday, March 20
- • Additional time for mail: +5 days
- • Extended deadline: Thursday, March 25
Result: Response due Thursday, March 25
Example 3: Electronic Service
Scenario: Discovery motion served electronically on Wednesday, March 10. Response due in 9 court days.
Calculation:
- • Base period: 9 court days (exclude weekends/holidays)
- • Start: Thursday, March 11
- • Base deadline: Monday, March 22 (9 court days)
- • Additional time for electronic service: +2 court days
- • Final deadline: Wednesday, March 24
Result: Response due Wednesday, March 24
Key Differences from Federal Rules
California Specifics
- • Mail service adds 5 days (vs. 3 in federal)
- • Electronic service adds 2 court days
- • Different holiday schedule
- • Local court rules may vary
- • Some procedures unique to California
Federal Rules
- • Mail service adds 3 days
- • Electronic service adds 3 days
- • Federal holiday schedule only
- • Uniform nationwide application
- • FRCP 6 governs time computation
Best Practices for California Courts
Practice Management
- • Know your local court's specific rules
- • Use electronic filing when available
- • Keep proof of service records
- • Set internal deadlines before court deadlines
Risk Management
- • Double-check holiday calendars
- • Verify service method requirements
- • Consider emergency filing procedures
- • Maintain deadline calculation documentation