United States · California summary judgment
When is a California summary judgment reply due?
CCP 437c(b)(4) requires the moving party’s reply served and filed at least 11 days before the noticed or continued hearing, unless ordered otherwise.
- Period
- 11 calendar days for the disclosed component
- Trigger
- The actual noticed or continued hearing date
- Rule
- CCP 437c(b)(4)
Stats. 2024, Ch. 99, Sec. 1 (AB 2049), effective January 1, 2025; official text reviewed
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What starts the CCP 437c(b)(4) requirement?
The actual noticed or continued hearing date
Identify the current hearing and any changed reply schedule. Opposition receipt does not start a fresh eleven-day clock.
Responsible actor. The moving party replying to the opposition. Use ordinary California civil summary judgment or summary adjudication under section 437c. Exclude unlawful detainer and other section 437c(s) possession proceedings, a changed court schedule, and additional actual closures. Establish the actual hearing or trial date independently.
CCP 437c(b)(4)How is this hearing-based period counted?
- The actual noticed or continued hearing date
- Identify the current hearing and any changed reply schedule. Opposition receipt does not start a fresh eleven-day clock.
- Exclude the hearing and subtract eleven calendar days. Count intermediate closed days. Apply CCP 12a to a final closed day by moving forward to the next eligible court day. The reply does not receive a hearing-based CCP 1013 service extension.
- Serve and file the permitted reply. Preserve accepted filing and next-business-day delivery service under CCP 1005(c). Do not use the reply to introduce prohibited new evidence, material facts or a new separate statement.
The hearing or trial day is excluded. Calendar-day periods include intermediate weekends and judicial holidays. CCP 12c(b) counts service-method additions farther backward from the base notice date. CCP 12a supplies the next eligible day for final opposition and reply expiry; that later-date treatment cannot be reused as a service target that reduces the full minimum notice. The personal-service and latest-hearing presets refuse closed base boundaries. Rule 1.11 governs ordinary weekend holiday observance. The retained 2026 and 2027 judicial calendar includes Lincoln Day, March 31, Juneteenth, Native American Day and Thanksgiving Friday, and the December 31, 2027 New Year observance. CCP 135 excludes the identified Admission Day, Columbus Day, Lunar New Year, Diwali and Genocide Remembrance Day agency holidays. Actual additional court closures require separate proof.
For moving papers, CCP 437c(a)(2) adds five, ten or twenty calendar days by the recipient mailing address, and two court days for fax, express mail or other overnight delivery. CCP 1010.6 supplies its separate electronic-service treatment, including two court days where applicable and the next-court-day treatment of noncourt-day service. Establish valid service and the actual event. Section 437c(b)(6) excludes CCP 1005 and 1013 time extensions, preserving CCP 1005(c) delivery of opposition and reply by the next business-day close. Do not import the ordinary sixteen, nine or five court-day motion periods into summary judgment.
Section 437c is the retained edition effective January 1, 2025. These presets cover anchors on or after January 1, 2026 and final dates within the independently retained 2026 and 2027 judicial calendar. They require an actual open-day hearing or trial anchor, unchanged statutory periods and no additional closure. Historical editions, future amendments, court orders, actual outages and additional local requirements need separate review. The software coverage limit does not establish that an actual act is late.
CCP 12c, backward hearing-based countingWhat does the independently derived example show?
Fictitious example
Use ordinary California civil summary judgment or summary adjudication under section 437c. Exclude unlawful detainer and other section 437c(s) possession proceedings, a changed court schedule, and additional actual closures. Establish the actual hearing or trial date independently. Ordinary eleven-day reply period; no contrary order.
| Step | What is counted | Date |
|---|---|---|
| Established procedural event | The actual noticed or continued hearing date | May 3, 2027 |
| Disclosed statutory component | 11 calendar days for the disclosed component | April 22, 2027 |
Fictitious facts within the stated coverage. No different court order, additional closure, unsupported service method or possession proceeding is assumed. The result does not prove the required acts or a reserved hearing.
Try these dates in the calculatorWhich facts change this summary judgment requirement?
- No new reply material
- Subdivision (b)(4) bars new evidentiary matter, additional material facts or a separate statement submitted with the reply and not presented in the moving or opposing papers.
- Good-cause direction
- The court may for good cause order otherwise about the eleven-day period. Retain the actual changed schedule before computing a result.
- Service and filing both required
- Subdivision (b)(6) preserves section 1005(c) delivery requirements. Filing is not a substitute for service reasonably calculated to deliver by the next business-day close.
- Different possession procedure
- Subdivision (s) excludes the identified possession proceedings from (a) and (b). Rule 3.1351(b)-(c) supplies the separate hearing and written-opposition procedure.
- Method and delivery requirements
- For moving papers, CCP 437c(a)(2) adds five, ten or twenty calendar days by the recipient mailing address, and two court days for fax, express mail or other overnight delivery. CCP 1010.6 supplies its separate electronic-service treatment, including two court days where applicable and the next-court-day treatment of noncourt-day service. Establish valid service and the actual event. Section 437c(b)(6) excludes CCP 1005 and 1013 time extensions, preserving CCP 1005(c) delivery of opposition and reply by the next business-day close. Do not import the ordinary sixteen, nine or five court-day motion periods into summary judgment.
- Edition and calendar coverage
- Section 437c is the retained edition effective January 1, 2025. These presets cover anchors on or after January 1, 2026 and final dates within the independently retained 2026 and 2027 judicial calendar. They require an actual open-day hearing or trial anchor, unchanged statutory periods and no additional closure. Historical editions, future amendments, court orders, actual outages and additional local requirements need separate review. The software coverage limit does not establish that an actual act is late.
- Use ordinary California civil summary judgment or summary adjudication under section 437c. Exclude unlawful detainer and other section 437c(s) possession proceedings, a changed court schedule, and additional actual closures. Establish the actual hearing or trial date independently.
- The calculated component does not prove appearance, service, accepted filing, reservation or a permissible actual hearing.
Which acts, papers and proof must be preserved?
Questions about CCP 437c(b)(4)
When is a California summary judgment reply due?
Is the ordinary reply period still five days?
No. The retained edition effective January 1, 2025 specifies eleven calendar days preceding the hearing, subject to an actual court order otherwise.
CCP 437c(b)(4)Does opposition service start eleven fresh days?
No. The reply is measured backward from the noticed or continued hearing, not forward from opposition service.
CCP 437c(b)(4)May I attach new evidence to the reply?
The current text expressly bars the identified new evidentiary matter, additional material facts and separate statement not presented in the moving or opposing papers.
CCP 437c(b)(4)Official summary judgment, service and calendar sources
Provisions used (19)
| Provision | Purpose |
|---|---|
| CCP 437c(b)(4) | The particular actor, procedural event, period and required act |
| CCP 437c(b)(4) | The identified counting, document, service, possession or filing qualification |
| CCP 437c(b)(4), (b)(6) | The identified counting, document, service, possession or filing qualification |
| CCP 437c(s) | The identified counting, document, service, possession or filing qualification |
| CCP 12, exclude the starting day | The identified counting, document, service, possession or filing qualification |
| CCP 12c, backward hearing-based counting | The identified counting, document, service, possession or filing qualification |
| CCP 12a, final-day holiday extension | The identified counting, document, service, possession or filing qualification |
| CCP 12b, whole-day office closure | The identified counting, document, service, possession or filing qualification |
| CCP 135, judicial holidays | The identified counting, document, service, possession or filing qualification |
| Cal. Rules of Court, rule 1.10 | The identified counting, document, service, possession or filing qualification |
| Cal. Rules of Court, rule 1.11 | The identified counting, document, service, possession or filing qualification |
| CCP 1010.6, electronic service and filing | The identified counting, document, service, possession or filing qualification |
| CCP 1005(c), opposition and reply delivery | The identified counting, document, service, possession or filing qualification |
| Cal. Rules of Court, rule 3.1350 | The identified counting, document, service, possession or filing qualification |
| Cal. Rules of Court, rule 3.1351 | The identified counting, document, service, possession or filing qualification |
| Cal. Rules of Court, rule 2.253 | The identified counting, document, service, possession or filing qualification |
| Cal. Rules of Court, rule 2.259 | The identified counting, document, service, possession or filing qualification |
| California judicial holiday schedule | The identified counting, document, service, possession or filing qualification |
| Superior Court of San Bernardino holiday schedule | The identified counting, document, service, possession or filing qualification |