Code of Civil Procedure § 583.310 – Time Limit for Bringing Action to Trial
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Code of Civil Procedure § 583.310 – Time Limit for Bringing Action to Trial
Code of Civil Procedure – CCP
PART 2. OF CIVIL ACTIONS [307 – 1062.34]
( Part 2 enacted 1872. )TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 – 674]
( Title 8 enacted 1872. )CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 – 583.430]
( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. )ARTICLE 3. Mandatory Time for Bringing Action to Trial or New Trial [583.310 – 583.360]
( Article 3 added by Stats. 1984, Ch. 1705, Sec. 5. )California Law
583.310.
An action shall be brought to trial within five years after the action is commenced against the defendant.
(Added by Stats. 1984, Ch. 1705, Sec. 5.)
California Law Summary
This statute establishes a mandatory deadline for bringing a civil action to trial. It provides that:
An action must be brought to trial within five years after the plaintiff has filed the action.
Purpose
To ensure timely resolution of civil cases and prevent undue delay in the judicial process. This statute encourages case management and expedites litigation by imposing a firm outer limit on how long a case can remain pending before trial.
Application
This provision applies to all civil actions filed in California courts. The five-year period begins to run from the date the complaint is filed. If the action is not brought to trial within this timeframe, the court must dismiss the case, either on its own motion or upon a motion by a party.
Certain periods may be excluded from the five-year calculation, including:
Time during which the action was stayed or enjoined,
Delays caused by the unavailability of the court or parties,
Tolling due to stipulations or writ proceedings, under specific circumstances.
