Challenged judge's consent or verified answer to statement of disqualification (10 days; otherwise deemed consent)

10 days after later of the date the statement of disqualification was filed or the date it was served on the judge, under Cal. Code Civ. Proc. 170.3(c)(3), (4).

Rule text

CCP 170.3(c)(3): "Within 10 days after the filing or service, whichever is later, the judge may file a consent to disqualification in which case the judge shall notify the presiding judge or the person authorized to appoint a replacement of his or her recusal as provided in subdivision (a), or the judge may file a written verified answer admitting or denying any or all of the allegations contained in the party’s statement and setting forth any additional facts material or relevant to the question of disqualification." CCP 170.3(c)(4): "A judge who fails to file a consent or answer within the time allowed shall be deemed to have consented to his or her disqualification and the clerk shall notify the presiding judge or person authorized to appoint a replacement of the recusal as provided in subdivision (a)."

Cal. Code Civ. Proc. 170.3(c)(3), (4), official source

Calculate this deadline

Deadline
Monday, November 16, 2026
  1. Trigger (Later of the date the statement of disqualification was filed or the date it was served on the judge): Friday, November 6, 2026.
  2. Exclude the trigger day and count 10 calendar days: Monday, November 16, 2026.
Rules applied
Cal. Code Civ. Proc. 170.3(c)(3), (4)
CCP 170.3(c)(3): "Within 10 days after the filing or service, whichever is later, the judge may file a consent to disqualification in which case the judge shall notify the presiding judge or the person authorized to appoint a replacement of his or her recusal as provided in subdivision (a), or the judge may file a written verified answer admitting or denying any or all of the allegations contained in the party’s statement and setting forth any additional facts material or relevant to the question of disqualification." CCP 170.3(c)(4): "A judge who fails to file a consent or answer within the time allowed shall be deemed to have consented to his or her disqualification and the clerk shall notify the presiding judge or person authorized to appoint a replacement of the recusal as provided in subdivision (a)."
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
  • The judge's deadline, useful for parties to track deemed consent. Enter the LATER of filing or service. The judge may strike an untimely or facially insufficient statement instead (170.4(b)).
  • 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

Later of the date the statement of disqualification was filed or the date it was served on the judge on Monday, March 15, 2027, personal service: due Thursday, March 25, 2027.

  1. Trigger (Later of the date the statement of disqualification was filed or the date it was served on the judge): Monday, March 15, 2027.
  2. Exclude the trigger day and count 10 calendar days: Thursday, March 25, 2027.

Notes

The judge's deadline, useful for parties to track deemed consent. Enter the LATER of filing or service. The judge may strike an untimely or facially insufficient statement instead (170.4(b)).

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.