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United States · California Code of Civil Procedure

What is California’s three-year summons service requirement?

CCP 583.210(a) ordinarily requires summons and complaint service within three years after the action is commenced against the defendant.

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Period
3 years for the disclosed component
Trigger
Complaint filing commencing the action against this defendant
Rule
CCP 583.210
CCP 583.210

Official current section reviewed. (Amended by Stats. 2005, Ch. 300, Sec. 4. Effective January 1, 2006.)

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Which event starts this CCP 583.210 inquiry?

Complaint filing commencing the action against this defendant

Preserve the complaint and identify this defendant. Service must be legally complete within the applicable period, not merely attempted.

Responsible actor. The plaintiff serving the identified defendant. Use commencement against this defendant by complaint filing, with no qualifying excluded interval, stipulated extension or different applicable requirement. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.

CCP 583.210

How is this particular California component counted?

  1. Use commencement against this defendant by complaint filing, with no qualifying excluded interval, stipulated extension or different applicable requirement. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
  2. Count 3 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. Complete valid summons and complaint service. Subsection (b) separately requires proof of summons service filed within sixty days after the service deadline.

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 commencement against this defendant by complaint filing, with no qualifying excluded interval, stipulated extension or different applicable requirement. 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 eventComplaint filing commencing the action against this defendantOctober 1, 2024
Disclosed component boundary3 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?

Stipulated extension
CCP 583.230 permits a written stipulation or the described open-court oral agreement preserved in minutes or transcript.
Excluded intervals
CCP 583.240 identifies nonamenability, a stay affecting service, service-validity litigation and qualifying impossibility, impracticability or futility. The preset adds none.
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 583.210
  • Use commencement against this defendant by complaint filing, with no qualifying excluded interval, stipulated extension or different applicable requirement. 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 583.210

What is California’s three-year summons service requirement?

Does attempting service by the anniversary suffice?

No. CCP 583.210 requires the summons and complaint served within the applicable time. Establish legally completed service.

CCP 583.210(a)

Is proof of service due on exactly the same date?

No. Subsection (b) has a separate sixty-day period after the time service must be made.

CCP 583.210(b)

Can a stay always be ignored?

No. A stay affecting service can supply an excluded interval under CCP 583.240(b). Establish the actual effect and duration.

CCP 583.240(b)

Official California sources and edition review

Provisions used (16)
Provisions used in this guide
ProvisionPurpose
CCP 583.210The particular actor, event, period and required act
CCP 583.230The separately identified counting, filing, holiday or procedural qualification
CCP 583.240The separately identified counting, filing, holiday or procedural qualification
CCP 583.210(a)The separately identified counting, filing, holiday or procedural qualification
CCP 583.210(b)The separately identified counting, filing, holiday or procedural qualification
CCP 583.240(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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