CCP 1030 stay application: hearing must be held not later than 60 days after service of summons
60 days after date service of the summons on the defendant was complete, under Cal. Code Civ. Proc. 1030(e).
Rule text
The hearing on the application for the stay shall be held not later than 60 days after service of the summons.
Calculate this deadline
- Trigger (Date service of the summons on the defendant was complete): Friday, November 6, 2026.
- Exclude the trigger day and count 60 calendar days: Tuesday, January 5, 2027.
Cal. Code Civ. Proc. 1030(e)
The hearing on the application for the stay shall be held not later than 60 days after service of the summons.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
- Latest hearing date for the stay application; reserve a hearing date accordingly. roll 'none': a hearing must be on a court day on or before the computed date, so if the 60th day is not a court day choose an earlier court day.
- 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 service of the summons on the defendant was complete on Monday, March 15, 2027, personal service: due Friday, May 14, 2027.
- Trigger (Date service of the summons on the defendant was complete): Monday, March 15, 2027.
- Exclude the trigger day and count 60 calendar days: Friday, May 14, 2027.
Unsettled points
- These are court-set dates; the calculator shows the last court day inside each statutory window, the date a court is most likely to use, and labels it court-set.Other reading: If CCP 12a extends these windows, a weekend or holiday last day rolls forward and the hearing may be one to three days later.
Notes
Latest hearing date for the stay application; reserve a hearing date accordingly. roll 'none': a hearing must be on a court day on or before the computed date, so if the 60th day is not a court day choose an earlier court day.
Related deadlines
- Nonresident or foreign-corporation plaintiff: file undertaking for costs and fees within 30 days after service of order requiring it (or dismissal) (30 days after)
- CCP 1030 motion for undertaking filed within 30 days after service of summons (makes defendant eligible for a discretionary stay) (30 days after)
- Shareholder derivative suit: corporation's or officer/director defendant's motion for bond (Corp. Code 800) within 30 days after service of summons (30 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.