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.
Calculate this deadline
- Trigger (Date set for trial): Friday, November 6, 2026.
- Count back 15 calendar days: Thursday, October 22, 2026.
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.
- Trigger (Date set for trial): Monday, March 15, 2027.
- Count back 15 calendar days: Sunday, February 28, 2027.
- 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
- Jury fee deposit, unlawful detainer (5 days before trial) (5 days before)
- Jury fee deposit when no case management conference is set (365 days after the complaint is filed) (365 days after)
- Jury fee deposit for late-appearing parties (25 days before the initial trial date) (25 days before)
- Mandatory settlement conference statement (submit and serve) (5 court days before)
- CCP 998 offer to compromise: last day to serve before trial (10 days before)
- CCP 998 offer: acceptance window (30 days after offer made) (30 days after)
- CCP 998 offer: acceptance cut off by commencement of trial (0 days before)
- Notice of trial served by the clerk (court duty) (20 days before)
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.