United States · California Code of Civil Procedure
When does a California CCP 998 offer become withdrawn?
CCP 998(b)(2) uses acceptance before trial or arbitration begins, or within 30 days after the offer is made, whichever occurs first.
- Period
- The preset does not compare actual commencement with the thirty-day offer interval. No single computed or paid acceptance date is published.
- Trigger
- The offer-making event and the actual trial or arbitration commencement
- Rule
- CCP 998(b)(2)
Official current section reviewed. (Amended by Stats. 2024, Ch. 444, Sec. 2. (SB 577) Effective January 1, 2025.)
Source guide · No automated date
When does a California CCP 998 offer become withdrawn?
The preset does not compare actual commencement with the thirty-day offer interval. No single computed or paid acceptance date is published.
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Which event starts this CCP 998(b)(2) inquiry?
The offer-making event and the actual trial or arbitration commencement
Thirty days cannot be selected without checking whether commencement occurs earlier. The base preset lacks that second input.
Responsible actor. The party accepting the statutory offer. Establish the offer-making event, effective service, actual commencement and a valid written signed acceptance. Compare both withdrawal events. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
CCP 998(b)(2)Which comparisons must be resolved before counting?
- The offer-making event and the actual trial or arbitration commencement
- Thirty days cannot be selected without checking whether commencement occurs earlier. The base preset lacks that second input.
- Resolve the procedural comparisons described here before selecting an applicable clock. This page supplies no computed or paid date.
- Complete valid written signed acceptance before the controlling withdrawal event. File the offer with proof of acceptance in court or with the arbitrator as applicable.
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 one trial begins before the thirty-day interval ends and another begins later. The offers have different controlling withdrawal events.
The preset does not compare actual commencement with the thirty-day offer interval. No single computed or paid acceptance date is published.
Which qualifications change this procedure?
- Earlier commencement
- An offer not accepted before trial or arbitration, or within thirty days after it is made, whichever occurs first, is deemed withdrawn.
- Commencement definition
- Subsection (b)(3) uses the opening statement or, absent one, the specified witness oath or evidence event.
- 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 the offer-making event, effective service, actual commencement and a valid written signed acceptance. Compare both withdrawal events. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
- The preset does not compare actual commencement with the thirty-day offer interval. No single computed or paid acceptance date is published.
Which acts and evidence must be preserved?
Questions about CCP 998(b)(2)
When does a California CCP 998 offer become withdrawn?
Does every offer remain open for thirty full days?
No. Earlier trial or arbitration commencement can withdraw the offer first.
CCP 998(b)(2)Is an oral acceptance sufficient?
No. The stated acceptance must be written and signed by the accepting party’s counsel or the unrepresented party.
CCP 998(b)What happens after valid acceptance?
The offer and proof of acceptance are filed for entry of judgment or, in arbitration, rendering the award.
CCP 998(b)(1)Official California sources and edition review
Provisions used (15)
| Provision | Purpose |
|---|---|
| CCP 998(b)(2) | The particular actor, event, period and required act |
| CCP 998(b)(2) | The separately identified counting, filing, holiday or procedural qualification |
| CCP 998(b)(3) | The separately identified counting, filing, holiday or procedural qualification |
| CCP 998(b) | The separately identified counting, filing, holiday or procedural qualification |
| CCP 998(b)(1) | 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 |