United States · California Code of Civil Procedure
When are California noticed-motion reply papers due?
CCP 1005(b) ordinarily requires reply papers served and filed at least five court days before the hearing. Preserve the separate delivery requirement.
- Period
- 5 court days for the disclosed component
- Trigger
- The established hearing date for this motion
- Rule
- 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 hearing date for this motion
Count backward five California court days. The opposition service date does not start a new five-day interval.
Responsible actor. The moving party replying on an ordinary noticed motion. Use the actual hearing and the ordinary reply branch, with no different statute or shortened court schedule. 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?
- Use the actual hearing and the ordinary reply branch, with no different statute or shortened court schedule. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
- Exclude the established event and count 5 California court days backward from the hearing. Exclude Saturdays, Sundays and judicial holidays throughout the period.
- Check the actual judicial holidays, closures and statutory or court-ordered qualifications.
- Serve and file the reply and ensure the subsection (c) service method reasonably permits delivery by close of the next business day after filing.
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 the actual hearing and the ordinary reply branch, with no different statute or shortened court schedule. 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.
| Step | What is counted | Date |
|---|---|---|
| Established event | The established hearing date for this motion | August 2, 2027 |
| Disclosed component boundary | 5 court days for the disclosed component | July 26, 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?
- Delivery after filing
- Subsection (c) supplies the next-business-day delivery requirement and permits the court to prescribe a shorter period.
- Different governing schedule
- A specific statute or court order may replace the ordinary reply timing. The preset does not read the case’s order.
- 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 the actual hearing and the ordinary reply branch, with no different statute or shortened court schedule. 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)
When are California noticed-motion reply papers due?
Do I count five days after the opposition arrives?
No. The statutory anchor is the hearing.
CCP 1005(b)Are weekends included?
No. This reply component uses court days.
CCP 1005(b)Can I file on time but disregard service?
No. The subsection (b) deadline requires service and filing, and subsection (c) also controls delivery.
CCP 1005(b)-(c)Official California sources and edition review
Provisions used (14)
| Provision | Purpose |
|---|---|
| CCP 1005(b) | The particular actor, event, period and required act |
| CCP 1005(c) | The separately identified counting, filing, holiday or procedural qualification |
| CCP 1005(b) | The separately identified counting, filing, holiday or procedural qualification |
| CCP 1005(b)-(c) | 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 |