Code of Civil Procedure § 583.310 – Time Limit for Bringing Action to Trial
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California Code of Civil Procedure § 583.310 – Mandatory Five-Year Trial Deadline
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 Code of Civil Procedure § 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.)
CCP § 583.310
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.
How the Five-Year Rule Works
The clock starts on the day the lawsuit is filed.
The trial must commence (i.e., jury empaneled or bench trial begins) within five calendar years.
Applies to all California civil actions, unless an exception applies.
If not met, the court must dismiss the case, it’s not optional.
Why This Law Exists
The goal of CCP § 583.310 is to:
Prevent excessive delays in civil litigation
Protect defendants from indefinite legal exposure
Encourage plaintiffs and their attorneys to diligently prosecute cases
The law serves the public interest by reducing court backlogs and promoting timely justice.
What Happens If the Deadline Is Missed?
Failing to bring a case to trial within five years has serious consequences. Under CCP § 583.360, the court is required to dismiss the action. This is not a discretionary call the law mandates dismissal unless a valid exception applies.
Even strong cases can be lost if this procedural rule is overlooked.
Real-World Example
Suppose a plaintiff files a civil lawsuit on April 1, 2021. If the trial hasn’t begun by April 1, 2026, the court must dismiss the case unless a valid exception applies. Even if the trial is set for April 2, 2026, that’s too late. The key is when the trial starts, not when it’s calendared.
Best Practices for Plaintiffs
To stay compliant with CCP § 583.310, plaintiffs must take initiative. Don’t rely solely on the court’s calendar or wait for settlement discussions to resolve. Instead, actively manage the litigation timeline.
If delays are unavoidable, plaintiffs should formally request extensions, seek stipulations, or file motions to preserve their rights. Passive inaction is rarely excused.
Related Laws You Should Know
To fully understand the five-year trial rule, it’s helpful to also review:
CCP § 583.300 – General rules for dismissal
CCP § 583.340 – Tolling exceptions
CCP § 583.360 – Mandatory dismissal procedure
