Peremptory challenge (CCP 170.6) to discovery referee appointed for all discovery purposes: 10 days after notice of appointment
10 days after date of notice of the order appointing the discovery referee for all discovery purposes, under Cal. Code Civ. Proc. 639(b)(A).
Rule text
(b) In a discovery matter, a motion to disqualify an appointed referee pursuant to Section 170.6 shall be made to the court by a party either: (A) Within 10 days after notice of the appointment, or if the party has not yet appeared in the action, a motion shall be made within 10 days after the appearance, if a discovery referee has been appointed for all discovery purposes. (B) At least five days before the date set for hearing, if the referee assigned is known at least 10 days before the date set for hearing and the discovery referee has been assigned only for limited discovery purposes.
Calculate this deadline
- Trigger (Date of notice of the order appointing the discovery referee for all discovery purposes): Friday, November 6, 2026.
- Exclude the trigger day and count 10 calendar days: Monday, November 16, 2026.
Cal. Code Civ. Proc. 639(b)(A)
(b) In a discovery matter, a motion to disqualify an appointed referee pursuant to Section 170.6 shall be made to the court by a party either: (A) Within 10 days after notice of the appointment, or if the party has not yet appeared in the action, a motion shall be made within 10 days after the appearance, if a discovery referee has been appointed for all discovery purposes. (B) At least five days before the date set for hearing, if the referee assigned is known at least 10 days before the date set for hearing and the discovery referee has been assigned only for limited discovery purposes.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
- For a party that had not yet appeared when the referee was appointed, see discovery_referee_170_6_after_appearance_10_days. Section amended by Stats. 2001, ch. 362. extensions 'none': AMBIGUITY whether CCP 1013 extends a period running from 'notice of the appointment' served by mail; calendar the unextended date.
- 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 notice of the order appointing the discovery referee for all discovery purposes on Monday, March 15, 2027, personal service: due Thursday, March 25, 2027.
- Trigger (Date of notice of the order appointing the discovery referee for all discovery purposes): Monday, March 15, 2027.
- Exclude the trigger day and count 10 calendar days: Thursday, March 25, 2027.
Notes
For a party that had not yet appeared when the referee was appointed, see discovery_referee_170_6_after_appearance_10_days. Section amended by Stats. 2001, ch. 362. extensions 'none': AMBIGUITY whether CCP 1013 extends a period running from 'notice of the appointment' served by mail; calendar the unextended date.
Related deadlines
- Responses to interrogatories (30 days after)
- Responses to requests for production (inspection demands) (30 days after)
- Responses to requests for admission (30 days after)
- Unlawful detainer: responses to interrogatories, inspection demands, requests for admission (5 days after)
- Motion to compel further responses (interrogatories, inspection demands, RFAs) (45 days after)
- Discovery cutoff (complete discovery) (30 days before)
- Discovery motion cutoff (last day for hearing) (15 days before)
- Demand for exchange of expert witness information: last day (70 days before)
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.
- Alameda
- Alpine
- Amador
- Butte
- Calaveras
- Colusa
- Contra Costa
- Del Norte
- El Dorado
- Fresno
- Glenn
- Humboldt
- Imperial
- Inyo
- Kern
- Kings
- Lake
- Lassen
- Los Angeles
- Madera
- Marin
- Mariposa
- Mendocino
- Merced
- Modoc
- Mono
- Monterey
- Napa
- Nevada
- Orange
- Placer
- Plumas
- Riverside
- Sacramento
- San Benito
- San Bernardino
- San Diego
- San Francisco
- San Joaquin
- San Luis Obispo
- San Mateo
- Santa Barbara
- Santa Clara
- Santa Cruz
- Shasta
- Sierra
- Siskiyou
- Solano
- Sonoma
- Stanislaus
- Sutter
- Tehama
- Trinity
- Tulare
- Tuolumne
- Ventura
- Yolo
- Yuba
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.