Limited civil mandatory expedited jury trial: request to opt out

45 days before date first set for trial, under Cal. Rules of Court, rule 3.1546(c)(2).

Rule text

Except on a showing of good cause, the request to opt out must be served and filed at least 45 days before the date first set for trial or, in cases in which the date first set for trial occurred before July 1, 2016, 45 days before the first trial date after July 1, 2016.

Cal. Rules of Court, rule 3.1546(c)(2), official source

Calculate this deadline

Deadline
Tuesday, September 22, 2026
  1. Trigger (Date FIRST set for trial): Friday, November 6, 2026.
  2. Count back 45 calendar days: Tuesday, September 22, 2026.
Rules applied
Cal. Rules of Court, rule 3.1546(c)(2)
Except on a showing of good cause, the request to opt out must be served and filed at least 45 days before the date first set for trial or, in cases in which the date first set for trial occurred before July 1, 2016, 45 days before the first trial date after July 1, 2016.
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
  • Applies to limited civil cases subject to mandatory expedited jury trial procedures (CCP 630.20). Form EJT-003. trial_continuance initial_only: 'date first set for trial'. Service must be complete by the deadline; any mail/e-service add-on should be counted back (conservative), but the rule does not state one.
  • 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 FIRST set for trial on Monday, March 15, 2027, personal service: due Friday, January 29, 2027.

  1. Trigger (Date FIRST set for trial): Monday, March 15, 2027.
  2. Count back 45 calendar days: Friday, January 29, 2027.

Notes

Applies to limited civil cases subject to mandatory expedited jury trial procedures (CCP 630.20). Form EJT-003. trial_continuance initial_only: 'date first set for trial'. Service must be complete by the deadline; any mail/e-service add-on should be counted back (conservative), but the rule does not state one.

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.