Limited civil: serve affidavit/declaration offered in lieu of direct testimony

30 days before trial date (limited civil case), under Cal. Code Civ. Proc. 98(a).

Rule text

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
Wednesday, October 7, 2026
  1. Trigger (Trial date (limited civil case)): Friday, November 6, 2026.
  2. Count back 30 calendar days: Wednesday, October 7, 2026.
Rules applied
Cal. Code Civ. Proc. 98(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
  • Limited civil cases (CCP 90 et seq.). trial_continuance unclear: text says 'the trial', not 'date first set'. AMBIGUITY on 1013 add-on; set to 'general' (earlier, conservative). Statute amended eff. Jan. 1, 2024 (Stats. 2023, Ch. 131).
  • 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

Trial date (limited civil case) on Monday, March 15, 2027, personal service: due Thursday, February 11, 2027.

  1. Trigger (Trial date (limited civil case)): Monday, March 15, 2027.
  2. Count back 30 calendar days: Saturday, February 13, 2027.
  3. That day is a Saturday. Counting backward, this calculator uses the earlier court day so the full notice period is preserved: Thursday, February 11, 2027 (see Cal. Code Civ. Proc. 12c).

Notes

Limited civil cases (CCP 90 et seq.). trial_continuance unclear: text says 'the trial', not 'date first set'. AMBIGUITY on 1013 add-on; set to 'general' (earlier, conservative). Statute amended eff. Jan. 1, 2024 (Stats. 2023, Ch. 131).

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.