Announce jury demand after notice of trial setting (case set without notice or stipulation)
5 days after notice of trial setting (case set for trial without notice or stipulation), under Cal. Code Civ. Proc. 631(f)(4).
Rule text
By failing to announce that a jury is required, at the time the cause is first set for trial, if it is set upon notice or stipulation, or within five days after notice of setting if it is set without notice or stipulation.
Calculate this deadline
- Trigger (Notice of trial setting (case set for trial without notice or stipulation)): Friday, November 6, 2026.
- Exclude the trigger day and count 5 calendar days: Wednesday, November 11, 2026.
- That day is a Veterans Day, so the deadline moves to the next court day: Thursday, November 12, 2026 (Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10).
Cal. Code Civ. Proc. 631(f)(4)
By failing to announce that a jury is required, at the time the cause is first set for trial, if it is set upon notice or stipulation, or within five days after notice of setting if it is set without notice or stipulation.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
- If the case is set upon notice or stipulation, the jury must be announced at the time the cause is first set (no day count). Jury fee timing is in existing jury_fee_deposit_* rules. AMBIGUITY: whether CCP 1013 extends the 5 days when notice of setting is mailed; set to 'none' (conservative). Court may relieve waiver (631(g)).
- 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
Notice of trial setting (case set for trial without notice or stipulation) on Monday, March 15, 2027, personal service: due Monday, March 22, 2027.
- Trigger (Notice of trial setting (case set for trial without notice or stipulation)): Monday, March 15, 2027.
- Exclude the trigger day and count 5 calendar days: Saturday, March 20, 2027.
- That day is a Saturday, so the deadline moves to the next court day: Monday, March 22, 2027 (Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10).
Unsettled points
- The calculator shows 5 days after notice of trial setting with no mail or e-service days, the earlier date.Other reading: If CCP 1013 or 1010.6 extends the period, the jury demand is due 5 calendar days or 2 court days later.
Notes
If the case is set upon notice or stipulation, the jury must be announced at the time the cause is first set (no day count). Jury fee timing is in existing jury_fee_deposit_* rules. AMBIGUITY: whether CCP 1013 extends the 5 days when notice of setting is mailed; set to 'none' (conservative). Court may relieve waiver (631(g)).
Related deadlines
- Jury fee deposit, unlawful detainer (5 days before trial) (5 days before)
- Jury fee deposit when no case management conference is set (365 days after the complaint is filed) (365 days after)
- Jury fee deposit for late-appearing parties (25 days before the initial trial date) (25 days before)
- Mandatory settlement conference statement (submit and serve) (5 court days before)
- CCP 998 offer to compromise: last day to serve before trial (10 days before)
- CCP 998 offer: acceptance window (30 days after offer made) (30 days after)
- CCP 998 offer: acceptance cut off by commencement of trial (0 days before)
- Notice of trial served by a party (clerk did not serve) (15 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.