United States · California Code of Civil Procedure
What notice permits trial in an adverse party’s absence?
CCP 594(a) ordinarily requires proof of fifteen days’ trial notice before a factual issue is tried in an adverse party’s absence. Detainer differs.
- Period
- The preset does not distinguish actual adverse-party notice from clerk mailing, party mailing or detainer notice. No single computed or paid trial-notice date is published.
- Trigger
- The actual trial and the adverse party’s receipt or statutory notice circumstances
- Rule
- CCP 594
Official current section reviewed. (Amended by Stats. 2002, Ch. 784, Sec. 62. Effective January 1, 2003.)
Source guide · No automated date
What notice permits trial in an adverse party’s absence?
The preset does not distinguish actual adverse-party notice from clerk mailing, party mailing or detainer notice. No single computed or paid trial-notice date is published.
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Which event starts this CCP 594 inquiry?
The actual trial and the adverse party’s receipt or statutory notice circumstances
Fifteen days of notice under subsection (a) differs from the clerk’s mailing requirement and the separate detainer rules in subsection (b).
Responsible actor. The party seeking to proceed at trial without the adverse party. Establish actual notice, the factual issue, the notice sender and method, the trial setting and whether the action is unlawful detainer. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
CCP 594Which comparisons must be resolved before counting?
- The actual trial and the adverse party’s receipt or statutory notice circumstances
- Fifteen days of notice under subsection (a) differs from the clerk’s mailing requirement and the separate detainer rules in subsection (b).
- Resolve the procedural comparisons described here before selecting an applicable clock. This page supplies no computed or paid date.
- Provide proof satisfactory to the court of the required notice, preserve the mailing certificate or other competent proof, and identify any good-cause court direction.
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 a clerk mails ordinary trial notice and a party supplies notice after the clerk did not do so. Their statutory mailing requirements differ from proof of fifteen days’ actual notice.
The preset does not distinguish actual adverse-party notice from clerk mailing, party mailing or detainer notice. No single computed or paid trial-notice date is published.
Which qualifications change this procedure?
- Clerk and party mailing
- Subsection (b) states at least twenty days for ordinary clerk mailing and at least fifteen days for party mailing if the clerk did not serve the required notice.
- Unlawful detainer
- Subsection (a) uses five days’ notice for the described detainer trial, while subsection (b) states ten days for mailing.
- 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 actual notice, the factual issue, the notice sender and method, the trial setting and whether the action is unlawful detainer. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
- The preset does not distinguish actual adverse-party notice from clerk mailing, party mailing or detainer notice. No single computed or paid trial-notice date is published.
Which acts and evidence must be preserved?
Questions about CCP 594
What notice permits trial in an adverse party’s absence?
Is fifteen days before trial every sender’s mailing deadline?
No. The ordinary clerk mailing requirement is at least twenty days before trial.
CCP 594(b)Does filing a notice prove the absent party received sufficient notice?
No. Subsection (a) requires the specified proof to the court’s satisfaction. Subsection (b) identifies competent service evidence.
CCP 594(a)-(b)Can an adverse party’s own trial notice matter?
Yes. The subsection (a) deemed-notice branch applies where that party served trial notice at least five days before trial.
CCP 594(a)Official California sources and edition review
Provisions used (14)
| Provision | Purpose |
|---|---|
| CCP 594 | The particular actor, event, period and required act |
| CCP 594(b) | The separately identified counting, filing, holiday or procedural qualification |
| CCP 594(a)-(b) | The separately identified counting, filing, holiday or procedural qualification |
| CCP 594(a) | 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 |