Motion to strike or tax costs on appeal: 15 days after service of the costs-on-appeal memorandum

15 days after date the memorandum of costs on appeal was served, under Cal. Rules of Court, rules 8.278(c)(2), 8.891(c)(2), 3.1700(b)(1).

Rule text

CRC 8.278(c)(2): "A party may serve and file a motion in the superior court to strike or tax costs claimed under (1) in the manner required by rule 3.1700." CRC 3.1700(b): "(1) Striking and taxing costs Any notice of motion to strike or to tax costs must be served and filed 15 days after service of the cost memorandum. If the cost memorandum was served by mail, the period is extended as provided in Code of Civil Procedure section 1013. If the cost memorandum was served electronically, the period is extended as provided in Code of Civil Procedure section 1010.6(a)(3)"

Cal. Rules of Court, rules 8.278(c)(2), 8.891(c)(2), 3.1700(b)(1), official source

Calculate this deadline

Deadline
Monday, November 23, 2026
  1. Trigger (Date the memorandum of costs on appeal was served): Friday, November 6, 2026.
  2. Exclude the trigger day and count 15 calendar days: Saturday, November 21, 2026.
  3. That day is a Saturday, so the deadline moves to the next court day: Monday, November 23, 2026 (Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10).
Rules applied
Cal. Rules of Court, rules 8.278(c)(2), 8.891(c)(2), 3.1700(b)(1)
CRC 8.278(c)(2): "A party may serve and file a motion in the superior court to strike or tax costs claimed under (1) in the manner required by rule 3.1700." CRC 3.1700(b): "(1) Striking and taxing costs Any notice of motion to strike or to tax costs must be served and filed 15 days after service of the cost memorandum. If the cost memorandum was served by mail, the period is extended as provided in Code of Civil Procedure section 1013. If the cost memorandum was served electronically, the period is extended as provided in Code of Civil Procedure section 1010.6(a)(3)"
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
  • 3.1700(b)(1) expressly applies CCP 1013 and 1010.6(a)(3) extensions. Parties may agree in writing (filed) to extend; absent agreement the court may extend up to 30 days (3.1700(b)(3)). Same as existing motion_to_tax_costs but for appellate costs. Rule 3.1700 amended eff. July 1, 2025.
  • 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 memorandum of costs on appeal was served on Monday, March 15, 2027, personal service: due Tuesday, March 30, 2027.

  1. Trigger (Date the memorandum of costs on appeal was served): Monday, March 15, 2027.
  2. Exclude the trigger day and count 15 calendar days: Tuesday, March 30, 2027.

Notes

3.1700(b)(1) expressly applies CCP 1013 and 1010.6(a)(3) extensions. Parties may agree in writing (filed) to extend; absent agreement the court may extend up to 30 days (3.1700(b)(3)). Same as existing motion_to_tax_costs but for appellate costs. Rule 3.1700 amended eff. July 1, 2025.

Related deadlines

All California civil 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 2026-10-25. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.