Writ petition to review ruling on judicial disqualification (CCP 170.3(d)): 10 days after service of notice of entry
10 days after date written notice of entry of the order determining disqualification was served, under Cal. Code Civ. Proc. 170.3(d).
Rule text
(d) The determination of the question of the disqualification of a judge is not an appealable order and may be reviewed only by a writ of mandate from the appropriate court of appeal sought only by the parties to the proceeding. The petition for the writ shall be filed and served within 10 days after service of written notice of entry of the court's order determining the question of disqualification. If the notice of entry is served by mail, that time shall be extended as provided in subdivision (a) of Section 1013.
Calculate this deadline
Deadline
Monday, November 16, 2026
- Trigger (Date written notice of entry of the order determining disqualification was served): Friday, November 6, 2026.
- Exclude the trigger day and count 10 calendar days: Monday, November 16, 2026.
Rules applied
Cal. Code Civ. Proc. 170.3(d)
(d) The determination of the question of the disqualification of a judge is not an appealable order and may be reviewed only by a writ of mandate from the appropriate court of appeal sought only by the parties to the proceeding. The petition for the writ shall be filed and served within 10 days after service of written notice of entry of the court's order determining the question of disqualification. If the notice of entry is served by mail, that time shall be extended as provided in subdivision (a) of Section 1013.Official source
Cal. Rules of Court, rules 1.10, 8.60(a); Cal. Code Civ. Proc. 12, 12a, 12b
CRC 1.10(a): "The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or other legal holiday, and then it is also excluded." CRC 1.10(b): "Unless otherwise provided by law, if the last day for the performance of any act that is required by these rules to be performed within a specific period of time falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a holiday." CRC 8.60(a): "The Code of Civil Procedure governs computing and extending the time to do any act required or permitted under these rules." CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." CCP 12b: "If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a."Official source
- Mandatory/jurisdictional statutory period. The statute itself provides only the CCP 1013(a) MAIL extension (overrides below). Whether the CCP 1010.6 electronic-service +2 court days also applies is NOT addressed by 170.3(d) (AMBIGUITY); conservatively modeled as 0. No express/fax extension stated. Applies also to peremptory challenges under 170.6 by case law (verify). Section amended eff. Jan. 1, 2007.
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date written notice of entry of the order determining disqualification was served on Monday, March 15, 2027, personal service: due Thursday, March 25, 2027.
- Trigger (Date written notice of entry of the order determining disqualification was served): Monday, March 15, 2027.
- Exclude the trigger day and count 10 calendar days: Thursday, March 25, 2027.
Unsettled points
- The calculator shows the 405.39 and 425.18 writ deadlines with no mail or e-service days, the earlier date; 437c(m) and 170.3(d) keep the mail days their own text grants.Other reading: If CCP 1013 and 1010.6 extend the 405.39 and 425.18 periods, those deadlines are 5 calendar or 2 court days later.
Notes
Mandatory/jurisdictional statutory period. The statute itself provides only the CCP 1013(a) MAIL extension (overrides below). Whether the CCP 1010.6 electronic-service +2 court days also applies is NOT addressed by 170.3(d) (AMBIGUITY); conservatively modeled as 0. No express/fax extension stated. Applies also to peremptory challenges under 170.6 by case law (verify). Section amended eff. Jan. 1, 2007.
Related deadlines
- Writ petition to review lis pendens expungement order (CCP 405.39): 20 days after service of written notice of order (20 days after)
- Writ petition from order on summary judgment/adjudication motion (other than entry of summary judgment) (CCP 437c(m)(1)): 20 days after service of notice of entry (20 days after)
- Preliminary opposition to writ petition: 10 days after petition filed (10 days after)
- Reply to preliminary opposition: 10 days after preliminary opposition filed (10 days after)
- Return or opposition after alternative writ, OSC, or Palma notice: 30 days (30 days after)
- Petitioner's reply to return or opposition: 15 days (15 days after)
- Writ decision (other than summary denial) final: 30 days after filing (30 days after)
Rules current as of 2026-10-23. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.