Noticed motion: serve and file moving papers before hearing
16 court days before hearing date, under Cal. Code Civ. Proc. 1005(b); Cal. Rules of Court, rule 3.1300.
Rule text
Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court. However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, 12 calendar days if the place of address is the Secretary of State’s address confidentiality program (Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code), and 20 calendar days if either the place of mailing or the place of address is outside the United States, and if the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 16-day period of notice before the hearing shall be increased by two calendar days. Section 1013, which extends the time within which a right may be exercised or an act may be done, does not apply to a notice of motion, papers opposing a motion, or reply papers governed by this section.
Cal. Code Civ. Proc. 1005(b); Cal. Rules of Court, rule 3.1300, official source
Calculate this deadline
- Trigger (Hearing date): Friday, November 6, 2026.
- Count back 16 court days (Saturdays, Sundays, and court holidays are not counted): Thursday, October 15, 2026.
Cal. Code Civ. Proc. 1005(b); Cal. Rules of Court, rule 3.1300
Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court. However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, 12 calendar days if the place of address is the Secretary of State’s address confidentiality program (Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code), and 20 calendar days if either the place of mailing or the place of address is outside the United States, and if the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 16-day period of notice before the hearing shall be increased by two calendar days. Section 1013, which extends the time within which a right may be exercised or an act may be done, does not apply to a notice of motion, papers opposing a motion, or reply papers governed by this section.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
- Use service_method_adjustments, NOT the general CCP 1013 table: 1005(b) uses +2 CALENDAR days for fax/overnight (1013 uses court days). Electronic service: 1005 does not mention it; CCP 1010.6(a)(3)(B) adds 2 court days 'in the absence of a specific exception', and CRC 3.1300(a) and 3.1320(c) point to the e-service statutes, so +2 court days is the generally applied rule (flag for attorney confirmation). Counting (CCP 12c): count back 16 court days from the hearing, then count back the add-on from that date; if a calendar-day add-on lands on a non-court day, move earlier. CCP 1005 last amended eff. 2023-01-01 (AB 1726, adding the 12-day ACP add-on); no later amendment found as of 2026-10-23. Proof of service of moving papers must be filed at least 5 court days before the hearing (CRC 3.1300(c)). The court may prescribe shorter time (1005(b); CRC 3.1300(b)). Summary judgment uses CCP 437c instead.
- 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 Friday, February 19, 2027.
- Trigger (Hearing date): Monday, March 15, 2027.
- Count back 16 court days (Saturdays, Sundays, and court holidays are not counted): Friday, February 19, 2027.
Notes
Use service_method_adjustments, NOT the general CCP 1013 table: 1005(b) uses +2 CALENDAR days for fax/overnight (1013 uses court days). Electronic service: 1005 does not mention it; CCP 1010.6(a)(3)(B) adds 2 court days 'in the absence of a specific exception', and CRC 3.1300(a) and 3.1320(c) point to the e-service statutes, so +2 court days is the generally applied rule (flag for attorney confirmation). Counting (CCP 12c): count back 16 court days from the hearing, then count back the add-on from that date; if a calendar-day add-on lands on a non-court day, move earlier. CCP 1005 last amended eff. 2023-01-01 (AB 1726, adding the 12-day ACP add-on); no later amendment found as of 2026-10-23. Proof of service of moving papers must be filed at least 5 court days before the hearing (CRC 3.1300(c)). The court may prescribe shorter time (1005(b); CRC 3.1300(b)). Summary judgment uses CCP 437c instead.
Related deadlines
- Noticed motion: opposition (9 court days before)
- Noticed motion: reply (5 court days before)
- Motion for summary judgment / adjudication: notice before hearing (81 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
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- Imperial
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- Los Angeles
- Madera
- Marin
- Mariposa
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- Modoc
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- Monterey
- Napa
- Nevada
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- San Francisco
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- 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.