United States · California Code of Civil Procedure
When is a California civil all-purpose judge challenge due?
CCP 170.6(a)(2) uses 15 days after notice of a civil all-purpose assignment, or after appearance if the party has not yet appeared.
- Period
- 15 days for the disclosed component
- Trigger
- Notice to this already-appeared party of the civil all-purpose assignment
- Rule
- CCP 170.6(a)(2)
Official current section reviewed. (Amended by Stats. 2010, Ch. 131, Sec. 1. (AB 1894) Effective January 1, 2011.)
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Which event starts this CCP 170.6(a)(2) inquiry?
Notice to this already-appeared party of the civil all-purpose assignment
Confirm all-purpose assignment and this party’s appearance. For a party not yet appeared, establish the later appearance branch instead.
Responsible actor. The party or attorney making a qualifying civil peremptory challenge. Use a civil all-purpose assignment after this party has appeared, with trial and any contested hearing not commenced and no disqualifying earlier merits determination. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
CCP 170.6(a)(2)How is this particular California component counted?
- Use a civil all-purpose assignment after this party has appeared, with trial and any contested hearing not commenced and no disqualifying earlier merits determination. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
- Exclude the established event day and count 15 calendar days under CCP 12. Intermediate weekends and holidays count. Apply CCP 12a to a final judicial holiday and check actual office closures under CCP 12b.
- Check the actual judicial holidays, closures and statutory or court-ordered qualifications.
- Make the qualifying sworn oral or written motion to the assigned or presiding judge within the applicable opportunity, and serve notice on all parties within five days after the motion.
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 does an independently derived example show?
Fictitious example
Use a civil all-purpose assignment after this party has appeared, with trial and any contested hearing not commenced and no disqualifying earlier merits determination. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review. The disclosed component, effective personal or specified nonmail service and no changed order.
| Step | What is counted | Date |
|---|---|---|
| Established event | Notice to this already-appeared party of the civil all-purpose assignment | August 2, 2027 |
| Disclosed component boundary | 15 days for the disclosed component | August 17, 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.
Try these dates in the calculatorWhich qualifications change this procedure?
- Absolute commencement limits
- The statute bars the identified motion after trial commencement and requires a hearing-directed motion by commencement of that hearing. A fifteen-day calculation cannot override those conditions.
- Other assignment branches
- Criminal all-purpose assignment, master-calendar assignment, a one-judge court and reassignment after appellate reversal have separate timing.
- 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.
- Use a civil all-purpose assignment after this party has appeared, with trial and any contested hearing not commenced and no disqualifying earlier merits determination. 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 170.6(a)(2)
When is a California civil all-purpose judge challenge due?
Does the civil fifteen-day branch govern a criminal assignment?
No. The criminal all-purpose branch states ten days, with its own appearance qualification.
CCP 170.6(a)(2)Can fifteen days remain available after trial begins?
No. The express commencement limits must also be satisfied.
CCP 170.6(a)(2)Is notice to other parties separate?
Yes. A civil party making the motion must serve notice on all parties no later than five days after making it.
CCP 170.6(a)(3)Official California sources and edition review
Provisions used (13)
| Provision | Purpose |
|---|---|
| CCP 170.6(a)(2) | The particular actor, event, period and required act |
| CCP 170.6(a)(2) | The separately identified counting, filing, holiday or procedural qualification |
| CCP 170.6(a)(3) | 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 |