United States · California Code of Civil Procedure
When must a California anti-SLAPP hearing be scheduled?
CCP 425.16(f) directs the clerk to schedule the hearing within 30 days after motion service, unless docket conditions require a later hearing.
- Period
- The clerk’s scheduling and docket exception cannot be established from a single service date. No computed or paid hearing date is published.
- Trigger
- Service of the special motion to strike
- Rule
- CCP 425.16(f)
Official current section reviewed. (Amended by Stats. 2024, Ch. 444, Sec. 1. (SB 577) Effective January 1, 2025.)
Source guide · No automated date
When must a California anti-SLAPP hearing be scheduled?
The clerk’s scheduling and docket exception cannot be established from a single service date. No computed or paid hearing date is published.
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Which event starts this CCP 425.16(f) inquiry?
Service of the special motion to strike
Complaint service starts the separate motion-filing period. Motion filing alone is not this hearing trigger.
Responsible actor. The court clerk scheduling the special-motion hearing. Establish service of the special motion and the actual docket. This is a clerk scheduling requirement, not a party filing deadline. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
CCP 425.16(f)Which comparisons must be resolved before counting?
- Service of the special motion to strike
- Complaint service starts the separate motion-filing period. Motion filing alone is not this hearing trigger.
- Resolve the procedural comparisons described here before selecting an applicable clock. This page supplies no computed or paid date.
- Obtain the actual hearing setting and identify the applicable service and briefing schedule. Preserve any docket-based later setting.
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 dayWhat distinguishes the statutory branches?
Assume two motions are served on the same day, but one court docket requires a later hearing. The statute permits different actual settings.
The clerk’s scheduling and docket exception cannot be established from a single service date. No computed or paid hearing date is published.
Which qualifications change this procedure?
- Docket exception
- The statute expressly allows a later hearing where the docket conditions require it.
- Separate discovery event
- The discovery stay uses filing of the notice of motion, with court-authorized specified discovery possible for good cause.
- 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.
- Establish service of the special motion and the actual docket. This is a clerk scheduling requirement, not a party filing deadline. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
- The clerk’s scheduling and docket exception cannot be established from a single service date. No computed or paid hearing date is published.
Which acts and evidence must be preserved?
Questions about CCP 425.16(f)
When must a California anti-SLAPP hearing be scheduled?
Does a thirtieth-day calculation book the hearing?
No. The clerk sets the hearing and actual docket conditions can require a later date.
CCP 425.16(f)Does the sixty-day complaint clock also set the hearing?
No. The two branches have different events and actors.
CCP 425.16(f)Can a party disregard the actual court setting?
No. The statutory ordinary scheduling instruction does not replace the court’s actual hearing date.
CCP 425.16(f)Official California sources and edition review
Provisions used (13)
| Provision | Purpose |
|---|---|
| CCP 425.16(f) | The particular actor, event, period and required act |
| CCP 425.16(f) | The separately identified counting, filing, holiday or procedural qualification |
| CCP 425.16(g) | The separately identified counting, filing, holiday or procedural qualification |
| CCP 12, exclusion of the first day | The separately identified counting, filing, holiday or procedural qualification |
| CCP 12a, final judicial holidays | The separately identified counting, filing, holiday or procedural qualification |
| CCP 12b, actual whole-day office closures | The separately identified counting, filing, holiday or procedural qualification |
| CCP 12c, backward hearing and service additions | The separately identified counting, filing, holiday or procedural qualification |
| CCP 135, judicial holidays and exclusions | The separately identified counting, filing, holiday or procedural qualification |
| California judicial holiday schedule | The separately identified counting, filing, holiday or procedural qualification |
| Cal. Rules of Court, rule 1.11 | The separately identified counting, filing, holiday or procedural qualification |
| Superior Court of San Bernardino holiday schedule | The separately identified counting, filing, holiday or procedural qualification |
| CCP 1013, service additions and exceptions | The separately identified counting, filing, holiday or procedural qualification |
| CCP 1010.6, electronic service and filing | The separately identified counting, filing, holiday or procedural qualification |