CCP 998 offer to compromise: last day to serve before trial
10 days before trial date (commencement of trial), under Cal. Code Civ. Proc. 998(b), (b)(3).
Rule text
Not less than 10 days prior to commencement of trial or arbitration (as provided in Section 1281 or 1295) of a dispute to be resolved by arbitration, any party may serve an offer in writing upon any other party to the action to allow judgment to be taken or an award to be entered in accordance with the terms and conditions stated at that time.
Calculate this deadline
- Trigger (Trial date (commencement of trial)): Friday, November 6, 2026.
- Count back 10 calendar days: Tuesday, October 27, 2026.
Cal. Code Civ. Proc. 998(b), (b)(3)
Not less than 10 days prior to commencement of trial or arbitration (as provided in Section 1281 or 1295) of a dispute to be resolved by arbitration, any party may serve an offer in writing upon any other party to the action to allow judgment to be taken or an award to be entered in accordance with the terms and conditions stated at that time.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
- trial_continuance follows: measured from 'commencement of trial', which 998(b)(3) defines as actual commencement: 'a trial or arbitration shall be deemed to be actually commenced at the beginning of the opening statement of the plaintiff or counsel, or, if there is no opening statement, at the time of the administering of the oath or affirmation to the first witness, or the introduction of any evidence.' The calculator uses the scheduled trial date as a proxy; trial may actually commence later. AMBIGUITY: the statute does not say whether CCP 1013/1010.6 add-ons lengthen the 10 days when the offer is mailed or e-served; set to 'general' (earlier, conservative deadline). Statute last amended by Stats. 2024, Ch. 444, eff. Jan. 1, 2025.
- 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 Friday, March 5, 2027.
- Trigger (Trial date (commencement of trial)): Monday, March 15, 2027.
- Count back 10 calendar days: Friday, March 5, 2027.
Unsettled points
- The calculator subtracts mail and e-service days from the 998 deadline, so a mailed or e-served offer goes out earlier, the safe direction.Other reading: If CCP 1013 does not apply to a period measured back from trial, serving 10 days before trial by any method is enough.
Notes
trial_continuance follows: measured from 'commencement of trial', which 998(b)(3) defines as actual commencement: 'a trial or arbitration shall be deemed to be actually commenced at the beginning of the opening statement of the plaintiff or counsel, or, if there is no opening statement, at the time of the administering of the oath or affirmation to the first witness, or the introduction of any evidence.' The calculator uses the scheduled trial date as a proxy; trial may actually commence later. AMBIGUITY: the statute does not say whether CCP 1013/1010.6 add-ons lengthen the 10 days when the offer is mailed or e-served; set to 'general' (earlier, conservative deadline). Statute last amended by Stats. 2024, Ch. 444, eff. Jan. 1, 2025.
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: 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 a party (clerk did not serve) (15 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.