Motion for summary judgment / adjudication: notice before hearing
81 days before hearing date, under Cal. Code Civ. Proc. 437c(a)(2) (as amended by Stats. 2024, ch. 99 (AB 2049), eff. Jan. 1, 2025).
Rule text
Notice of the motion and supporting papers shall be served on all other parties to the action at least 81 days before the time appointed for hearing. If the notice is served by mail, the required 81-day period of notice shall be increased by 5 days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States. If the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 81-day period of notice shall be increased by two court days.
Calculate this deadline
- Trigger (Hearing date): Friday, November 6, 2026.
- Count back 81 calendar days: Monday, August 17, 2026.
Cal. Code Civ. Proc. 437c(a)(2) (as amended by Stats. 2024, ch. 99 (AB 2049), eff. Jan. 1, 2025)
Notice of the motion and supporting papers shall be served on all other parties to the action at least 81 days before the time appointed for hearing. If the notice is served by mail, the required 81-day period of notice shall be increased by 5 days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States. If the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 81-day period of notice shall be increased by two court days.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
- Since 2025-01-01: 81 calendar days notice (was 75). Use service_method_adjustments, not the general 1013 table: mail add-on is keyed to the place of ADDRESS only and 437c has no 12-day ACP add-on (AMBIGUITY: whether CCP 1013's 12-day ACP rule fills the gap). Electronic service: 437c(a)(2) is silent; CCP 1010.6(a)(3)(B) +2 court days is the generally applied rule (flag). Count back 81 days, then the add-on (CCP 12c(b)); move to the previous court day if needed. The motion may be made only after 60 days have elapsed since the general appearance of each party against whom it is directed (437c(a)(1)), and must be heard no later than 30 days before trial unless the court for good cause orders otherwise (437c(a)(3)); see msj_hearing_before_trial.
- 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
Hearing date on Monday, March 15, 2027, personal service: due Thursday, December 24, 2026.
- Trigger (Hearing date): Monday, March 15, 2027.
- Count back 81 calendar days: Thursday, December 24, 2026.
Unsettled points
- The calculator already subtracts 2 court days for e-service from the 81-day MSJ notice date, the earlier date.Other reading: If the 437c(a)(2) list excludes e-service extensions, 81 days alone suffices.
Notes
Since 2025-01-01: 81 calendar days notice (was 75). Use service_method_adjustments, not the general 1013 table: mail add-on is keyed to the place of ADDRESS only and 437c has no 12-day ACP add-on (AMBIGUITY: whether CCP 1013's 12-day ACP rule fills the gap). Electronic service: 437c(a)(2) is silent; CCP 1010.6(a)(3)(B) +2 court days is the generally applied rule (flag). Count back 81 days, then the add-on (CCP 12c(b)); move to the previous court day if needed. The motion may be made only after 60 days have elapsed since the general appearance of each party against whom it is directed (437c(a)(1)), and must be heard no later than 30 days before trial unless the court for good cause orders otherwise (437c(a)(3)); see msj_hearing_before_trial.
Related deadlines
- Noticed motion: serve and file moving papers before hearing (16 court days before)
- Noticed motion: opposition (9 court days before)
- Noticed motion: reply (5 court days before)
- Motion for summary judgment: opposition (20 days before)
- Motion for summary judgment: reply (11 days before)
- Motion for summary judgment: last day for hearing before trial (30 days before)
- Ex parte application: notice to other parties (1 court day before)
- CCP 170.6 peremptory challenge: judge assigned for all purposes (civil) (15 days after)
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.