Other parties approve or disapprove proposed order (5 days after service; silence is approval)

5 days after date the proposed order was served, under Cal. Rules of Court, rule 3.1312(a).

Rule text

CRC 3.1312(a): "(a) Prevailing party to prepare Unless the parties waive notice or the court orders otherwise, the party prevailing on any motion must, within five days of the ruling, serve by any means authorized by law and reasonably calculated to ensure delivery to the other party or parties no later than the close of the next business day a proposed order for approval as conforming to the court's order. Within five days after service, the other party or parties must notify the prevailing party as to whether or not the proposed order is so approved. The opposing party or parties must state any reasons for disapproval. Failure to notify the prevailing party within the time required shall be deemed an approval. The extensions of time based on a method of service provided under any statute or rule do not apply to this rule."

Cal. Rules of Court, rule 3.1312(a), official source

Calculate this deadline

Deadline
Thursday, November 12, 2026
  1. Trigger (Date the proposed order was served): Friday, November 6, 2026.
  2. Exclude the trigger day and count 5 calendar days: Wednesday, November 11, 2026.
  3. That day is a Veterans Day, so the deadline moves to the next court day: Thursday, November 12, 2026 (Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10).
Rules applied
Cal. Rules of Court, rule 3.1312(a)
CRC 3.1312(a): "(a) Prevailing party to prepare Unless the parties waive notice or the court orders otherwise, the party prevailing on any motion must, within five days of the ruling, serve by any means authorized by law and reasonably calculated to ensure delivery to the other party or parties no later than the close of the next business day a proposed order for approval as conforming to the court's order. Within five days after service, the other party or parties must notify the prevailing party as to whether or not the proposed order is so approved. The opposing party or parties must state any reasons for disapproval. Failure to notify the prevailing party within the time required shall be deemed an approval. The extensions of time based on a method of service provided under any statute or rule do not apply to this rule."
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
  • No service-method extension (expressly excluded). Failure to respond is deemed approval; reasons for disapproval must be stated.
  • 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 the proposed order was served on Monday, March 15, 2027, personal service: due Monday, March 22, 2027.

  1. Trigger (Date the proposed order was served): Monday, March 15, 2027.
  2. Exclude the trigger day and count 5 calendar days: Saturday, March 20, 2027.
  3. That day is a Saturday, so the deadline moves to the next court day: Monday, March 22, 2027 (Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10).

Notes

No service-method extension (expressly excluded). Failure to respond is deemed approval; reasons for disapproval must be stated.

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.