CEQA: personally serve record-preparation request and petition on agency within 10 business days of filing
10 business days after date the ceqa petition was filed, under Cal. Pub. Res. Code 21167.6(a).
Rule text
(a) At the time that the action or proceeding is filed, the plaintiff or petitioner shall file a request that the respondent public agency prepare the record of proceedings relating to the subject of the action or proceeding. The request, together with the complaint or petition, shall be served personally upon the public agency not later than 10 business days from the date that the action or proceeding was filed.
Calculate this deadline
- Trigger (Date the CEQA petition was filed): Friday, November 6, 2026.
- Count 10 business days under Civil Code 9 (Sundays and state holidays are not counted; Saturdays are): Thursday, November 19, 2026.
Cal. Pub. Res. Code 21167.6(a)
(a) At the time that the action or proceeding is filed, the plaintiff or petitioner shall file a request that the respondent public agency prepare the record of proceedings relating to the subject of the action or proceeding. The request, together with the complaint or petition, shall be served personally upon the public agency not later than 10 business days from the date that the action or proceeding was filed.Official source
Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)
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." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." FRCP 6(a): "The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) ... (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."Official source
- The REQUEST must be filed at the same time as the petition; the 10-day period is for personal service of the request plus the petition. 'Business days' modeled as court days (weekdays excluding judicial holidays); the agency's own closure days may differ (e.g., Columbus Day). Not applicable to actions under 21167.6.2 or involving the Public Utilities Commission. Petitioner may elect to prepare the record (21167.6(b)(2)); agency may deny within 5 business days of receiving the election ((b)(3), not modeled).
- 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 the CEQA petition was filed on Monday, March 15, 2027, personal service: due Friday, March 26, 2027.
- Trigger (Date the CEQA petition was filed): Monday, March 15, 2027.
- Count 10 business days under Civil Code 9 (Sundays and state holidays are not counted; Saturdays are): Friday, March 26, 2027.
Unsettled points
- The calculator counts undefined 'business days' under Civ. Code 9, so Saturdays count, the earlier date.Other reading: If 'business days' excludes Saturdays or judicial holidays, each deadline is one or more days later.
Notes
The REQUEST must be filed at the same time as the petition; the 10-day period is for personal service of the request plus the petition. 'Business days' modeled as court days (weekdays excluding judicial holidays); the agency's own closure days may differ (e.g., Columbus Day). Not applicable to actions under 21167.6.2 or involving the Public Utilities Commission. Petitioner may elect to prepare the record (21167.6(b)(2)); agency may deny within 5 business days of receiving the election ((b)(3), not modeled).
Related deadlines
- CEQA petition: 30 days after filing of Notice of Determination (EIR, negative declaration, other acts) (30 days after)
- CEQA petition challenging an exemption: 35 days after filing of Notice of Exemption (35 days after)
- CEQA petition: 180 days after project approval (or commencement) where no NOD/NOE filed or no determination made (180 days after)
- CEQA: agency prepares and certifies record within 60 days after service of request (60 days after)
- CEQA: petitioner must request a hearing within 90 days of filing the petition (90 days after)
- CEQA: briefing to be completed within 90 days of the hearing request (absent good cause) (90 days after)
- CEQA: furnish copy of petition (and any amended or supplemental pleading) to the Attorney General within 10 days after filing (10 days after)
- CEQA: agency files notice of settlement meeting within 20 days of service of petition (20 days after)
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.