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United States · California Code of Civil Procedure

When must a California action be brought to trial?

CCP 583.310 ordinarily requires the action brought to trial within five years after commencement against the defendant. Qualifying excluded intervals matter.

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Period
5 years for the disclosed component
Trigger
The established commencement of the action against this defendant
Rule
CCP 583.310
CCP 583.310

Official current section reviewed. (Added by Stats. 1984, Ch. 1705, Sec. 5.)

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Which event starts this CCP 583.310 inquiry?

The established commencement of the action against this defendant

Identify the actual commencement and trial events. Scheduling a trial does not itself establish that the action was brought to trial.

Responsible actor. The plaintiff prosecuting the action to trial. Use established commencement against the defendant and an ordinary period without excluded intervals, applicable historical emergency extensions or an altered statutory branch. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.

CCP 583.310

How is this particular California component counted?

  1. Use established commencement against the defendant and an ordinary period without excluded intervals, applicable historical emergency extensions or an altered statutory branch. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
  2. Count 5 calendar years from the legally established event to the corresponding anniversary. Check the final holiday under CCP 12a. The calculator does not establish accrual, classify the claim or resolve tolling.
  3. Check the actual judicial holidays, closures and statutory or court-ordered qualifications.
  4. Bring the action to trial within the legally applicable period. Preserve docket events and proof of any period claimed to be excluded.

CCP 12 excludes the triggering day for ordinary day periods. CCP 12a supplies the final judicial-holiday adjustment, including Saturdays and the CCP 135 holidays. CCP 12b addresses qualifying whole-day office closures. Court-day periods exclude intermediate Saturdays, Sundays and judicial holidays. Calendar-day periods include intermediate closed days. Rule 1.11 supplies Friday observance of a Saturday judicial holiday and Monday observance of a Sunday judicial holiday. The calendar includes Lincoln Day, March 31, Juneteenth, Native American Day and Thanksgiving Friday. It excludes Columbus Day and Good Friday as ordinary full judicial holidays. The observed New Year holiday on December 31, 2027 is confirmed in the county schedule. Actual additional closures require separate evidence.

These base components do not add mail, electronic, fax, express or overnight service time. CCP 1013 and 1010.6 identify eligible additions, service conditions and express exceptions. CCP 1005 supplies its own motion-delivery provisions and excludes CCP 1013 for its identified notices. New-trial and CCP 663a intention-notice filings do not receive the stated mail or electronic additions. Establish the actual service method and governing procedure before applying any addition. A summons-service completion event is not determined by the general document-service addition.

The official sections were reviewed, including the retained 2026 and operative-2027 CCP 473 and 415.20 editions. Publication coverage for day and court-day components begins January 1, 2026, or a later expressly stated section effective date. Year components begin no earlier than January 1, 2021, or the section’s later stated effective date, and assume the current reviewed branch applies. These are software coverage boundaries, not findings that an actual act is late. Displayed final dates are confined to the independently reviewed 2026 and 2027 judicial calendar. Closed backward base boundaries and closed minimum-deposition boundaries receive no computed or paid date because their exact adjustment is not implemented. Earlier editions, emergency measures, tolling, different service methods and actual additional closures require separate review.

CCP 12, exclusion of the first day

What does an independently derived example show?

Fictitious example

Use established commencement against the defendant and an ordinary period without excluded intervals, applicable historical emergency extensions or an altered statutory branch. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review. Established accrual or service for the disclosed ordinary component, without tolling or another controlling period.

Example counting steps
StepWhat is countedDate
Established eventThe established commencement of the action against this defendantOctober 1, 2022
Disclosed component boundary5 years for the disclosed componentOctober 1, 2027
Example resultOctober 1, 2027

Fictitious facts within the stated coverage. This is the disclosed component, not a determination of legal accrual, effective service, court action or entitlement. No tolling, different service addition, altered order or additional closure is assumed. Closed unsupported base branches receive no computed date.

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Which qualifications change this procedure?

Excluded trial time
CCP 583.340 excludes the stated suspended trial jurisdiction, stayed or enjoined prosecution or trial, and qualifying impossibility, impracticability or futility.
Trial after a new trial
CCP 583.320 has separate new-trial, mistrial and remittitur branches and preserves the unexpired CCP 583.310 period.
Service methods and distinct statutory additions
These base components do not add mail, electronic, fax, express or overnight service time. CCP 1013 and 1010.6 identify eligible additions, service conditions and express exceptions. CCP 1005 supplies its own motion-delivery provisions and excludes CCP 1013 for its identified notices. New-trial and CCP 663a intention-notice filings do not receive the stated mail or electronic additions. Establish the actual service method and governing procedure before applying any addition. A summons-service completion event is not determined by the general document-service addition.
Edition and calendar coverage
The official sections were reviewed, including the retained 2026 and operative-2027 CCP 473 and 415.20 editions. Publication coverage for day and court-day components begins January 1, 2026, or a later expressly stated section effective date. Year components begin no earlier than January 1, 2021, or the section’s later stated effective date, and assume the current reviewed branch applies. These are software coverage boundaries, not findings that an actual act is late. Displayed final dates are confined to the independently reviewed 2026 and 2027 judicial calendar. Closed backward base boundaries and closed minimum-deposition boundaries receive no computed or paid date because their exact adjustment is not implemented. Earlier editions, emergency measures, tolling, different service methods and actual additional closures require separate review.
CCP 583.310
  • Use established commencement against the defendant and an ordinary period without excluded intervals, applicable historical emergency extensions or an altered statutory branch. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
  • The base calculation does not resolve the excluded comparisons or establish that the responsible actor completed the required act.

Which acts and evidence must be preserved?

Questions about CCP 583.310

When must a California action be brought to trial?

Does setting a trial date complete the required act?

No. CCP 583.310 requires the action brought to trial. Establish the actual event rather than only the setting.

CCP 583.310

Do all five calendar years necessarily count?

No. The qualifying intervals in CCP 583.340 must be excluded when applicable. The base preset assumes none.

CCP 583.340

Does a new-trial order always replace the five-year period with a shorter three years?

No. CCP 583.320(b) preserves the unexpired five-year time.

CCP 583.320(b)

Official California sources and edition review

Provisions used (15)
Provisions used in this guide
ProvisionPurpose
CCP 583.310The particular actor, event, period and required act
CCP 583.340The separately identified counting, filing, holiday or procedural qualification
CCP 583.320The separately identified counting, filing, holiday or procedural qualification
CCP 583.310The separately identified counting, filing, holiday or procedural qualification
CCP 583.320(b)The separately identified counting, filing, holiday or procedural qualification
CCP 12, exclusion of the first dayThe separately identified counting, filing, holiday or procedural qualification
CCP 12a, final judicial holidaysThe separately identified counting, filing, holiday or procedural qualification
CCP 12b, actual whole-day office closuresThe separately identified counting, filing, holiday or procedural qualification
CCP 12c, backward hearing and service additionsThe separately identified counting, filing, holiday or procedural qualification
CCP 135, judicial holidays and exclusionsThe separately identified counting, filing, holiday or procedural qualification
California judicial holiday scheduleThe separately identified counting, filing, holiday or procedural qualification
Cal. Rules of Court, rule 1.11The separately identified counting, filing, holiday or procedural qualification
Superior Court of San Bernardino holiday scheduleThe separately identified counting, filing, holiday or procedural qualification
CCP 1013, service additions and exceptionsThe separately identified counting, filing, holiday or procedural qualification
CCP 1010.6, electronic service and filingThe separately identified counting, filing, holiday or procedural qualification
Read the official section

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