California motion deadlines are counted backward from the hearing date. Code of Civil Procedure § 1005(b) sets the periods for most motions in court days; § 437c sets the summary-judgment periods in calendar days. Both add extra time when the motion is served by mail, fax or overnight delivery — and § 12c fixes the order in which that extra time is counted.
Moving papers: 16 court days, then the service days
Under § 1005(b), “all moving and supporting papers shall be served and filed at least 16 court days before the hearing.” The notice period grows with the method of service:
| Method of service | Added to the 16 court days | Unit |
|---|---|---|
| Personal delivery | nothing | — |
| Mail within California | 5 | calendar days |
| Mail with either address outside California, inside the U.S. | 10 | calendar days |
| Mail to the address confidentiality program | 12 | calendar days |
| Mail with either address outside the U.S. | 20 | calendar days |
| Fax, Express Mail or other overnight delivery | 2 | calendar days |
| Electronic service, through | 2 | court days (§ 1010.6) |
Section 12c(b) says the additional days are computed “by counting backward from the day determined in accordance with subdivision (a)” — the date found by counting the base period back from the hearing. So first count 16 court days back from the hearing, then count the service days back from that date, then move to the preceding court day if you land on a weekend or holiday. Section 1013 is not applied on top: § 1005(b) states its own extensions and says so.
Hearing date: · Mail, within California
- Count 16 court days before , skipping 8 weekend days, Day after Thanksgiving (), Thanksgiving Day (), Veterans Day (): .
- Mail, within California adds time. Count 5 calendar days before (that day is not counted): .
Deadline:
Hearing date: · Fax, Express Mail or other overnight delivery
- Count 16 court days before , skipping 8 weekend days, Day after Thanksgiving (), Thanksgiving Day (), Veterans Day (): .
- Fax, Express Mail or other overnight delivery adds time. Count 2 calendar days before (that day is not counted): .
- is not a court day (Sunday), so the deadline moves back to , passing (Saturday).
Deadline:
Note the unit in the second example. Fax and overnight service add two calendar days to a § 1005(b) notice, but two court days under § 1013 and § 437c. Mixing them up is one of the easiest ways to miscalculate a motion deadline.
Opposition (9 court days) and reply (5 court days)
Opposition papers are due at least nine court days before the hearing and reply papers at least five court days before. No days are added for the method of service. Instead, § 1005(c) requires the papers to be served by personal delivery, fax, express mail or another method “reasonably calculated to ensure delivery” by the close of the next business day after filing.
Hearing date:
- Count 9 court days before , skipping 4 weekend days, Farmworkers Day (observed) (): .
Deadline:
Hearing date:
- Count 5 court days before , skipping 2 weekend days, New Year's Day (): .
Deadline:
Electronic service of the motion in late 2026
AB 540 (Stats. 2026, ch. 263) adds the words “excluding electronic service” to § 1005(b) and removes the two-court-day extension from § 1010.6, effective . For a hearing in January or February 2027, the last day to serve may fall on either side of that date. If you serve in 2026, the old rule requires two more court days; if you serve in 2027, it does not. Either path is lawful, and the calculator shows the earlier date with the later one as an alternative.
Hearing date: · Electronic service
- Count 16 court days before , skipping 6 weekend days, Martin Luther King, Jr. Day (): .
- Electronic service adds time. Count 2 court days before , skipping 2 weekend days, New Year's Day (): .
Deadline:
Other reading: (16 court days back from the hearing, then the service days back from that date (§ 12c) — without the extra time, if the law in effect after governs (AB 540 (Stats. 2026, ch. 263) excludes electronic service from § 1005(b) from ))
Summary judgment: 81, 20 and 11 days
Since (AB 2049), a motion for summary judgment or summary adjudication must be served at least 81 days before the hearing, the opposition at least 20 days before, and the reply at least 11 days before (§ 437c(a)(2), (b)(2), (b)(4)). These are calendar days, not court days. The hearing itself must be at least 30 days before trial unless the court orders otherwise.
Service adds 5, 10 or 20 calendar days by mail depending on where the papers are addressed, and two court days by fax, Express Mail or overnight delivery. Unlike § 1005(b), § 437c(a)(2) has no add-on for the address confidentiality program. From 2027 electronic service adds nothing.
Hearing date:
- Count 11 calendar days before (that day is not counted): .
- is not a court day (Sunday), so the deadline moves back to , passing (Saturday).
Deadline:
When day 81 falls on a weekend
Counting 81 calendar days back often lands on a Saturday or Sunday. Section 12a does not move a backward deadline later — the California Supreme Court held that §§ 12 and 12a do not extend “not less than” notice periods (Steele v. Bartlett (1941) 18 Cal.2d 573) — so the conservative practice is to move it to the preceding court day.
The harder question is what to do when service days must also be added. The text of § 12c(b) points to “the day determined in accordance with subdivision (a),” which suggests counting the service days back from day 81 itself. A more cautious reading first moves day 81 to the preceding court day and counts back from there, which gives an earlier date. No appellate decision resolves it. The calculator computes both, shows the earlier date, and lists the other.
Hearing date: · Mail, addressed within California
- Count 81 calendar days before (that day is not counted): .
- is not a court day (Sunday), so the deadline moves back to , passing (Saturday), (New Year's Day).
- Mail, addressed within California adds time. Count 5 calendar days before (that day is not counted): .
- is not a court day (Saturday), so the deadline moves back to , passing (Christmas Day).
Deadline:
Other reading: (Count the service days back from day 81 itself)
Questions about California motion timing
How many court days notice is required for a motion in California?
Sixteen court days before the hearing for the moving and supporting papers, plus extra days when they are served by mail, fax or overnight delivery. The opposition is due nine court days before the hearing and the reply five, with nothing added for service (Code Civ. Proc. § 1005(b)).
How far before the hearing must a summary judgment motion be served in California?
At least 81 calendar days, plus 5, 10 or 20 days for mail and two court days for fax, Express Mail or overnight delivery. The opposition is due 20 days before the hearing and the reply 11, and these have been the periods since (Code Civ. Proc. § 437c(a)(2), (b)(2), (b)(4)).
Are service days counted before or after the 16 court days?
After. Count 16 court days back from the hearing first, then count the service days back from the date you reached, and if that lands on a weekend or holiday move to the court day before it. Section 1013 is not applied on top of these add-ons (Code Civ. Proc. §§ 12c(b), 1005(b)).
Do fax and overnight service add calendar days or court days to a California motion?
Two calendar days for a regular motion under § 1005(b), but two court days for a summary judgment motion under § 437c and for response periods under § 1013. Using the wrong unit is one of the easiest ways to get a California motion date wrong (Code Civ. Proc. §§ 1005(b), 437c(a)(2)).
Do mail days apply to an opposition or reply in California?
No. Nothing is added for how opposition and reply papers are served. Instead they must go by personal delivery, fax, express mail or another method reasonably calculated to ensure delivery by the close of the next business day after filing, and the same applies to summary judgment papers (Code Civ. Proc. § 1005(c); § 437c(b)(6)).
How close to trial can a summary judgment motion be heard?
No later than 30 days before trial unless the court orders otherwise (Code Civ. Proc. § 437c(a)(3)). Because the motion must be served at least 81 days before that hearing, it has to go out at least 111 days before trial, and earlier still when it is served by mail or overnight delivery.
Before you file
Local rules and individual departments can require papers earlier, and the court can shorten or extend time by order. Many courts also require reserving a hearing date before filing, which can push the hearing — and every date counted from it — later. Recalculate whenever the hearing moves.