CCP 998 offer: acceptance cut off by commencement of trial

0 days before trial date (commencement of trial), under Cal. Code Civ. Proc. 998(b)(2), (b)(3).

Rule text

If the offer is not accepted prior to trial or arbitration or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn, and cannot be given in evidence upon the trial or arbitration.

Cal. Code Civ. Proc. 998(b)(2), (b)(3), official source

Calculate this deadline

Deadline
Friday, November 6, 2026
  1. Trigger (Trial date (commencement of trial)): Friday, November 6, 2026.
  2. Count back 0 calendar days: Friday, November 6, 2026.
Rules applied
Cal. Code Civ. Proc. 998(b)(2), (b)(3)
If the offer is not accepted prior to trial or arbitration or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn, and cannot be given in evidence upon the trial or arbitration.
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
  • Acceptance must occur before trial actually commences (opening statement, first witness sworn, or first evidence: 998(b)(3)); the deemed withdrawal is fixed by statute, so roll none. Applies only if earlier than offer_998_acceptance_30_days. trial_continuance follows (actual commencement).
  • 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

Trial date (commencement of trial) on Monday, March 15, 2027, personal service: due Monday, March 15, 2027.

  1. Trigger (Trial date (commencement of trial)): Monday, March 15, 2027.
  2. Count back 0 calendar days: Monday, March 15, 2027.

Notes

Acceptance must occur before trial actually commences (opening statement, first witness sworn, or first evidence: 998(b)(3)); the deemed withdrawal is fixed by statute, so roll none. Applies only if earlier than offer_998_acceptance_30_days. trial_continuance follows (actual commencement).

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.