Notice of trial served by a party (clerk did not serve)

15 days before date set for trial, under Cal. Code Civ. Proc. 594(a), (b).

Rule text

If notice is not served by the clerk as required by this subdivision, it may be served by mail by any party on the adverse party not less than 15 days prior to the date set for trial, and in an unlawful detainer action where notice is served by mail that service shall be mailed not less than 10 days prior to the date set for trial.

Cal. Code Civ. Proc. 594(a), (b), official source

Calculate this deadline

Deadline
Thursday, October 22, 2026
  1. Trigger (Date set for trial): Friday, November 6, 2026.
  2. Count back 15 calendar days: Thursday, October 22, 2026.
Rules applied
Cal. Code Civ. Proc. 594(a), (b)
If notice is not served by the clerk as required by this subdivision, it may be served by mail by any party on the adverse party not less than 15 days prior to the date set for trial, and in an unlawful detainer action where notice is served by mail that service shall be mailed not less than 10 days prior to the date set for 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
  • Matters when a party seeks to proceed in the adverse party's absence on an issue of fact: proof is required 'that the adverse party has had 15 days’ notice of such trial' (594(a)). The clerk's duty is 20 days by mail (see notice_of_trial_by_clerk). AMBIGUITY: 594(b) says 'The time provisions of Section 1013 shall not serve to extend the notice of trial requirements under this subdivision for unlawful detainer actions', implying 1013 does extend the 15 days in non-UD cases; set to 'general' (earlier, conservative). UD: 10 days (no 1013 extension). trial_continuance follows: 'date set for trial'. A party who served notice of trial on the moving party at least 5 days before trial is deemed to have notice (594(a)).
  • 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 set for trial on Monday, March 15, 2027, personal service: due Friday, February 26, 2027.

  1. Trigger (Date set for trial): Monday, March 15, 2027.
  2. Count back 15 calendar days: Sunday, February 28, 2027.
  3. That day is a Sunday. Counting backward, this calculator uses the earlier court day so the full notice period is preserved: Friday, February 26, 2027 (see Cal. Code Civ. Proc. 12c).

Notes

Matters when a party seeks to proceed in the adverse party's absence on an issue of fact: proof is required 'that the adverse party has had 15 days’ notice of such trial' (594(a)). The clerk's duty is 20 days by mail (see notice_of_trial_by_clerk). AMBIGUITY: 594(b) says 'The time provisions of Section 1013 shall not serve to extend the notice of trial requirements under this subdivision for unlawful detainer actions', implying 1013 does extend the 15 days in non-UD cases; set to 'general' (earlier, conservative). UD: 10 days (no 1013 extension). trial_continuance follows: 'date set for trial'. A party who served notice of trial on the moving party at least 5 days before trial is deemed to have notice (594(a)).

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.