UD: latest date a deposition may be scheduled

5 days before trial date, under Cal. Code Civ. Proc. 2025.270(b); 2016.060.

Rule text

(b) Notwithstanding subdivision (a), in an unlawful detainer action or other proceeding under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3, an oral deposition shall be scheduled for a date at least five days after service of the deposition notice, but not later than five days before trial.

Cal. Code Civ. Proc. 2025.270(b); 2016.060, official source

Calculate this deadline

Deadline
Monday, November 2, 2026
  1. Trigger (Trial date): Friday, November 6, 2026.
  2. Count back 5 calendar days: Sunday, November 1, 2026.
  3. That day is a Sunday, so the deadline moves to the next court day closer to the event, per the rule cited for this deadline: Monday, November 2, 2026.
Rules applied
Cal. Code Civ. Proc. 2025.270(b); 2016.060
(b) Notwithstanding subdivision (a), in an unlawful detainer action or other proceeding under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3, an oral deposition shall be scheduled for a date at least five days after service of the deposition notice, but not later than five days before trial.
Official source
Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10
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." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135."
Official source
  • Roll: CCP 2016.060 extends a Discovery Act last day that falls on a weekend or holiday 'until the next court day closer to the trial date' (later on the calendar). AMBIGUITY: 'not later than five days before trial' may be read as a scheduling cap rather than a 'last day to act'; if so, a conservative user should move the deposition EARLIER rather than rely on the roll.
  • 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

Trial date on Monday, March 15, 2027, personal service: due Wednesday, March 10, 2027.

  1. Trigger (Trial date): Monday, March 15, 2027.
  2. Count back 5 calendar days: Wednesday, March 10, 2027.

Notes

Roll: CCP 2016.060 extends a Discovery Act last day that falls on a weekend or holiday 'until the next court day closer to the trial date' (later on the calendar). AMBIGUITY: 'not later than five days before trial' may be read as a scheduling cap rather than a 'last day to act'; if so, a conservative user should move the deposition EARLIER rather than rely on the roll.

Related deadlines

All California evictions deadlines

Local rules by county

County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.

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.