California Civil Law Time Limits:
Litigation Cheat Sheet
Updated for 2025
This personal injury litigation checklist is designed to help attorneys and legal professionals quickly reference key procedural deadlines across California civil litigation. From service of process to expert discovery, motions, arbitration, and trial, this guide consolidates important timeframes from the Code of Civil Procedure and Rules of Court into one accessible resource. Whether you’re managing a fast-moving case or preparing for trial, these deadlines serve as essential checkpoints for keeping your litigation on track.
Quick Reference Guide for Personal Injury
and Civil Attorneys
Last updated: April 17, 2025
Table of Contents
Service of Process
This section outlines the essential timelines for serving complaints, amended complaints, cross-complaints, and filing proof of service in California civil cases. Meeting these deadlines is crucial to avoid delays, dismissals, or sanctions. Use this quick-reference guide to ensure timely and compliant service of process at every stage of litigation.
Serve Defendant after Complaint Filed
60 days after filing
Serve Defendant Added via Amended Complaint
30 days after adding
Proof of Service of Summons and Complaint
60 days after filing complaint
Defendant Deadline to File Answer or Demurrer
30 days from date complaint was served
Serve Cross-Complaint on New Parties
30 days after filing cross-complaint
Stipulated Extension for Defendant’s Response
Parties may stipulate to extend the response deadline by 15 days without court order
Practice Tips
When in doubt, follow the shorter deadline (rules vs statutes).
Serve early to allow time for potential issues with locating defendants or substitute service.
Use a tickler system to track proof of service deadlines, especially when coordinating multiple parties.
Late service beyond 60 days can lead to dismissal or court sanctions.
General Discovery
This section highlights essential timing rules under the California Code of Civil Procedure, helping you manage discovery obligations with confidence. From when discovery may begin to service and response deadlines, deposition notice periods, and final motion cutoffs, staying aware of these timeframes is critical to avoiding procedural missteps. Use this as a quick-reference guide to support strategic planning and ensure compliance throughout the discovery phase.
Plaintiff May Serve Discovery
10 days after service of complaint
Defendant May Serve Discovery
Anytime
-
Plaintiff May Serve Oral Deposition Notice
-
20 days after service of complaint
-
- Practical Deadline to Serve Discovery Before Trial
70–90 days before trial
- Minimum Notice for Depositions
Deposition notices must give at least 10 days’ notice to the deponent
- add +5 days if mailed within California
Subpoena for Personal (Medical) Records
Serve both the subpoena and the Notice to Consumer at least 20 days before
- +5 days if the subpoena is mailed within California
- Subpoena for Employment Records
(b)(2) – Serve both the subpoena and the Notice to Consumer at least 10 days before
- add +5 days if mailed within California
(b)(3) – Serve custodian of records 5 days after Notice to Consumer has been served
- Motion to Quash Subpoena Duces Tecum
Must be served on the issuing party’s counsel at least 5 days before date for production of documents
- Move to Compel Further:
You have 45 days from when the inadequate responses were served to file the motion
Written Discovery Responses Due
30 days after service of the discovery request
- add +5 days if mailed within California
- Completion of Discovery before Arbitration
15 days before the date set for the arbitration hearing
- Completion of Discovery before Trial
30 days before the trial date
- Last Day to Hear Discovery Motions
15 days before trial
Practice Tips
Serve depo subpoenas early to avoid compliance issues.
Always calendar based on trial date, not hearing date.
Add 5 days for mailing when calculating most discovery deadlines.
Be aware of miscalculating cutoff dates due to mailing delays or arbitration.
Be aware of failing to notify consumers properly when subpoenaing personal records (CCP § 1985.3).
Expert Discovery
This section outlines the strict timing rules governing expert discovery under the California Code of Civil Procedure. Because expert-related deadlines operate on a separate track from general discovery, it’s critical to monitor them closely. From demanding expert exchange to setting depositions and filing expert motions, each step must be properly timed to preserve your ability to present expert testimony at trial. Use this guide to stay compliant and avoid losing your right to rely on expert evidence.
Experts Must Be Demanded
70 days before trial
10 days after trial date is set if fewer than 90 days away
Disclosure of Expert Witnesses
50 days before trial
20 days after receiving a demand to exchange, whichever is closer to the trial date
Supplemental Expert Disclosure
must be disclosed within 20 days of the Exchange of Expert Witnesses
Expert Depositions After Exchange
no wait period, once list is served
Expert Discovery Cut Off
15 days before original trial date
Last Day for Motions Regarding Experts
10 days before original trial date
Expert Document Production Before Deposition
3 business days before a deposition
Practice Tips
Experts must produce documents 3 days before deposition. (CCP § 2034.415)
Don’t wait to demand or disclose experts—late timing can cost you your right to use them.
Use a separate calendar for expert deadlines; they run on a strict timeline apart from general discovery.
Late expert demands can waive your right to expert testimony.
Continuance of trial doesn’t reset these expert deadlines unless the court permits
When taking expert depositions, the party noticing the depo must tender the expert’s fee in advance (CCP §2034.430)
Motions
This section outlines the timing and notice requirements for motions in California civil litigation, including general motions, motions for summary judgment (MSJ), and related oppositions and replies. Proper calculation of notice periods especially when accounting for service methods is essential to ensure your motion is heard. Use this reference to avoid late filings and stay in compliance with CCP § 1005 and § 437c.
General Motion Notice
16 court days before hearing
2 calendar days if served electronically
5 calendar days if mailed within California
10 calendar days if mailed outside California but within the U.S.
Opposition to Motion
9 court days before hearing
Reply to Motion
5 court days before hearing
MSJ Notice
75 court days before hearing
MSJ Opposition
20 court days before hearing
MSJ Reply
5 court days before hearing
Practice Tips
File MSJ at least 111 days before trial due to notice requirements.
For all motions, confirm if service method adds extra days and adjust your deadlines accordingly.
Be mindful of local rules—some counties require earlier filings or stricter formatting.
- Be aware of failing to adjust deadlines for out-of-state service.
Arbitration
This section covers key timing rules specific to judicial arbitration under the California Rules of Court. From filing the arbitrator’s award to objecting with a trial de novo request, strict deadlines apply. Discovery also has a hard cutoff before arbitration proceedings begin. Use this section to avoid missed opportunities and ensure compliance with arbitration-specific procedures.
Time for Arbitrator to File Award
10 after the arbitration hearing concludes
award must also be served on all parties involved
Opposition to Award
60 days after arbitration award is filed to request a trial de novo (a new trial)
Discovery Cutoff
15 days before arbitration
Practice Tips
Mark your calendar based on arbitration, not trial cutoff rules still apply.
Treat arbitration like trial in terms of preparation, especially discovery.
File any objection to an award promptly missing the 60-day window means the award becomes binding.
Trial
This section provides a timeline of important pre-trial deadlines under the California Code of Civil Procedure. From final discovery cutoff to expert witness demands and disclosures, 998 offers to compromise, and notices to appear at trial, each step requires timely action to ensure you’re fully prepared and in compliance. Use this reference to stay organized and avoid last-minute issues that could impact trial readiness.
Discovery Closes
30 days before trial, or after non-binding arbitration
with the exclusion of expert lists and expert depositions
Experts Must Be Demanded
70 days before trial
or within 10 days of setting trial date, whichever is closer
Experts Must Be Disclosed
50 days before trial
or 20 days after service of demand, whichever is closer
998 Offers to Compromise
Can be made up until 10 days prior to trial
Notice to Appear at Trial (to party) [No documents]
10 days before trial, send notice with time and place to attorney
Notice to Appear at Trial (to party) [With documents]
10 days before trial, send notice with time and place to attorney
Objection to Notice to Appear At Trial With Documents
5 days or “any other time period as the court may allow
Practice Tips
Use a pre-trial checklist to manage overlapping deadlines for discovery, experts, and motions.
Don’t forget about 998 offers they’re a strategic tool best used before the final 10-day window closes.
Check for updated trial readiness procedures with the court, especially post-COVID.
Statute of Limitations
This section breaks down the time limits for filing civil claims in California, including personal injury, medical malpractice, government claims, and uninsured/underinsured motorist arbitration. Understanding the correct statute of limitations and any tolling exceptions is essential to preserving your client’s right to bring a claim. Use this table as a reference to ensure compliance and avoid dismissal due to untimely filings.
| Claim Type | Time Limit | Citation | Notes |
|---|---|---|---|
| Personal Injury | 2 years | CCP § 335.1 | — |
| Medical Malpractice | 3 years from injury, or 1 year from discovery (whichever first) | CCP § 340.5 | 90-day notice required; tolling allowed for fraud, concealment, or foreign body |
| Lawsuits Against Public Entities | File claim within 6 months | Gov Code §§ 910, 910.2, 911.2, 911.4 | Must file lawsuit within 6 months of rejection letter |
| Late Claims Against Public Entities | Within 1 year from accrual | Gov Code §§ 910, 910.2, 911.2, 911.4 | Must explain delay in application to file late claim |
| Public Entity Does Nothing for 45 Days | 6-month limit starts on 45th day | Gov Code § 911.6 | Claim deemed rejected |
| Time Limit to Bring Case to Trial | 5 years from filing | CCP § 583.310 | — |
| UN-Insured Motorist Arbitration | 2 years | Insurance Code § 11580.2(i)(1) | Even applies to minors |
| UNDER-Insured Motorist | No accrual until third-party limits are exhausted | Insurance Code § 11580.2(p)(3) | — |
Practice Tips
Always verify the correct limitation period and look out for tolling exceptions.
In public entity cases, calendar the claim deadline separately from the lawsuit deadline.
For UIM claims, be clear on when the claim actually accrues it may not be the accident date.
Download the Personal Injury Litigation Checklist
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