Writ petition to review order determining judicial disqualification (CCP 170.3(d)): 10 days after service of notice of entry

10 days after date written notice of entry of the order determining disqualification was served, under Cal. Code Civ. Proc. 170.3(d).

Rule text

CCP 170.3(d): "(d) The determination of the question of the disqualification of a judge is not an appealable order and may be reviewed only by a writ of mandate from the appropriate court of appeal sought only by the parties to the proceeding. The petition for the writ shall be filed and served within 10 days after service of written notice of entry of the court’s order determining the question of disqualification. If the notice of entry is served by mail, that time shall be extended as provided in subdivision (a) of Section 1013."

Cal. Code Civ. Proc. 170.3(d), official source

Calculate this deadline

Deadline
Monday, November 16, 2026
  1. Trigger (Date written notice of entry of the order determining disqualification was served): 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(d)
CCP 170.3(d): "(d) The determination of the question of the disqualification of a judge is not an appealable order and may be reviewed only by a writ of mandate from the appropriate court of appeal sought only by the parties to the proceeding. The petition for the writ shall be filed and served within 10 days after service of written notice of entry of the court’s order determining the question of disqualification. If the notice of entry is served by mail, that time shall be extended as provided in subdivision (a) of Section 1013."
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
  • Exclusive review; must be filed AND served within the period. Only the 1013(a) mail extension is stated (service_method_adjustments). Duplicates CA-APP rule writ_170_3_disqualification. Courts also apply 170.3(d) to orders on peremptory challenges under 170.6 (verify). Section last amended Stats. 2006, ch. 567, eff. Jan. 1, 2007.
  • 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 written notice of entry of the order determining disqualification was served on Monday, March 15, 2027, personal service: due Thursday, March 25, 2027.

  1. Trigger (Date written notice of entry of the order determining disqualification was served): Monday, March 15, 2027.
  2. Exclude the trigger day and count 10 calendar days: Thursday, March 25, 2027.

Unsettled points

  • The calculator shows the 405.39 and 425.18 writ deadlines with no mail or e-service days, the earlier date; 437c(m) and 170.3(d) keep the mail days their own text grants.Other reading: If CCP 1013 and 1010.6 extend the 405.39 and 425.18 periods, those deadlines are 5 calendar or 2 court days later.

Notes

Exclusive review; must be filed AND served within the period. Only the 1013(a) mail extension is stated (service_method_adjustments). Duplicates CA-APP rule writ_170_3_disqualification. Courts also apply 170.3(d) to orders on peremptory challenges under 170.6 (verify). Section last amended Stats. 2006, ch. 567, eff. Jan. 1, 2007.

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.