Limited civil: affiant whose declaration is offered in lieu of testimony must be available for service of process during the 20 days before trial

20 days before date of trial, under Cal. Code Civ. Proc. 98(a).

Rule text

(a) A copy has been served on the party against whom it is offered at least 30 days prior to the trial, together with a current address of the affiant that is within 150 miles of the place of trial, and the affiant is available for service of process at that place for a reasonable period of time, during the 20 days immediately prior to trial.

Cal. Code Civ. Proc. 98(a), official source

Calculate this deadline

Deadline
Saturday, October 17, 2026
  1. Trigger (Date of trial): Friday, November 6, 2026.
  2. Count back 20 calendar days: Saturday, October 17, 2026.
  3. That day is a Saturday, but this date is fixed by the rule and does not move: Saturday, October 17, 2026.
Rules applied
Cal. Code Civ. Proc. 98(a)
(a) A copy has been served on the party against whom it is offered at least 30 days prior to the trial, together with a current address of the affiant that is within 150 miles of the place of trial, and the affiant is available for service of process at that place for a reasonable period of time, during the 20 days immediately prior to trial.
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
  • Start of the availability window, not a filing deadline. The 30-day service of the declaration is already in the dataset (limited_civil_prepared_testimony_service). Roll: none.
  • 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 trial on Monday, March 15, 2027, personal service: due Tuesday, February 23, 2027.

  1. Trigger (Date of trial): Monday, March 15, 2027.
  2. Count back 20 calendar days: Tuesday, February 23, 2027.

Notes

Start of the availability window, not a filing deadline. The 30-day service of the declaration is already in the dataset (limited_civil_prepared_testimony_service). Roll: none.

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.