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United States · California Code of Civil Procedure

How early must California motion papers be served and filed?

CCP 1005(b) ordinarily requires moving papers served and filed at least 16 court days before the hearing. Service-method additions are separate.

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Period
16 court days for the disclosed component
Trigger
The established motion hearing date
Rule
CCP 1005(b)
CCP 1005(b)

Official current section reviewed. (Amended by Stats. 2022, Ch. 686, Sec. 1. (AB 1726) Effective January 1, 2023.)

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Which event starts this CCP 1005(b) inquiry?

The established motion hearing date

Exclude the hearing day and count backward sixteen California court days. Identify whether this motion has a separate statute.

Responsible actor. The moving party in an ordinary noticed motion governed by CCP 1005. Use the established hearing and effective personal service, with no special statute, shortened order or service-method addition. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.

CCP 1005(b)

How is this particular California component counted?

  1. Use the established hearing and effective personal service, with no special statute, shortened order or service-method addition. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
  2. Exclude the established event and count 16 California court days backward from the hearing. Exclude Saturdays, Sundays and judicial holidays throughout the period.
  3. Check the actual judicial holidays, closures and statutory or court-ordered qualifications.
  4. Serve and file all moving and supporting papers by the applicable notice boundary. Preserve both completed acts and any order shortening time.

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 the established hearing and effective personal service, with no special statute, shortened order or service-method addition. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review. Effective service or an actual court-day hearing, with no service-method additions.

Example counting steps
StepWhat is countedDate
Established eventThe established motion hearing dateAugust 2, 2027
Disclosed component boundary16 court days for the disclosed componentJuly 9, 2027
Example resultJuly 9, 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?

Mail and delivery additions
Subsection (b) adds five calendar days for California mail, ten within the United States, twelve to the confidentiality-program address, twenty outside the United States, and two calendar days for fax, express or overnight delivery.
Electronic service
CCP 1010.6(a)(3) ordinarily adds two court days to an eligible electronically served notice period, subject to statutory exceptions. The base preset does not add them.
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 1005(b)
  • Use the established hearing and effective personal service, with no special statute, shortened order or service-method addition. 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 1005(b)

How early must California motion papers be served and filed?

Are sixteen days counted as calendar days?

No. The base notice requirement expressly uses sixteen court days.

CCP 1005(b)

Can I add the general CCP 1013 overnight extension?

No. CCP 1005(b) says CCP 1013 does not apply to the identified motion, opposition and reply notices. Its own delivery additions control.

CCP 1005(b)

Does filing establish service?

No. CCP 1005(b) requires moving and supporting papers to be served and filed. Preserve both acts.

CCP 1005(b)

Official California sources and edition review

Provisions used (13)
Provisions used in this guide
ProvisionPurpose
CCP 1005(b)The particular actor, event, period and required act
CCP 1005(b)The separately identified counting, filing, holiday or procedural qualification
CCP 1010.6(a)(3)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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