Deposition: written notice of a party's or attorney's remote appearance (or in-person attendance with deponent at a remote deposition), 5 court days before

5 court days before date of the deposition, under Cal. Rules of Court, rule 3.1010(a)(3), (b)(1).

Rule text

(a)(3) Any party or attorney of record may be physically present at the deposition at the location of the deponent with written notice of such appearance served by personal delivery, email, or fax, at least five court days before the deposition, and subject to Code of Civil Procedure section 2025.420. ... (b) Any party, other than the deponent, or attorney of record may appear and participate in an oral deposition by telephone, videoconference, or other remote electronic means, provided: (1) Written notice of such appearance is served by personal delivery, e-mail, or fax at least five court days before the deposition;

Cal. Rules of Court, rule 3.1010(a)(3), (b)(1), official source

Calculate this deadline

Deadline
Friday, October 30, 2026
  1. Trigger (Date of the deposition): Friday, November 6, 2026.
  2. Count back 5 court days (Saturdays, Sundays, and court holidays are not counted): Friday, October 30, 2026.
Rules applied
Cal. Rules of Court, rule 3.1010(a)(3), (b)(1)
(a)(3) Any party or attorney of record may be physically present at the deposition at the location of the deponent with written notice of such appearance served by personal delivery, email, or fax, at least five court days before the deposition, and subject to Code of Civil Procedure section 2025.420. ... (b) Any party, other than the deponent, or attorney of record may appear and participate in an oral deposition by telephone, videoconference, or other remote electronic means, provided: (1) Written notice of such appearance is served by personal delivery, e-mail, or fax at least five court days before the deposition;
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
  • Service must be by personal delivery, email, or fax (not mail), so no mail extension. The deponent's own attorney may be physically present with the deponent without notice (3.1010(a)(3)). Count back from the deposition date as currently noticed. Rule amended eff. Jan. 1, 2022.
  • 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 of the deposition on Monday, March 15, 2027, personal service: due Monday, March 8, 2027.

  1. Trigger (Date of the deposition): Monday, March 15, 2027.
  2. Count back 5 court days (Saturdays, Sundays, and court holidays are not counted): Monday, March 8, 2027.

Notes

Service must be by personal delivery, email, or fax (not mail), so no mail extension. The deponent's own attorney may be physically present with the deponent without notice (3.1010(a)(3)). Count back from the deposition date as currently noticed. Rule amended eff. Jan. 1, 2022.

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.