Serve summons and complaint (mandatory 3-year limit)

36 months after date the complaint (or cross-complaint) was filed, under Cal. Code Civ. Proc. 583.210(a), 583.250.

Rule text

583.210(a): "The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed." 583.250(b): "The requirements of this article are mandatory and are not subject to extension, excuse, or exception except as expressly provided by statute."

Cal. Code Civ. Proc. 583.210(a), 583.250, official source

Calculate this deadline

Deadline
Tuesday, November 6, 2029
  1. Trigger (Date the complaint (or cross-complaint) was filed): Friday, November 6, 2026.
  2. Add 36 months: Tuesday, November 6, 2029.
Rules applied
Cal. Code Civ. Proc. 583.210(a), 583.250
583.210(a): "The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed." 583.250(b): "The requirements of this article are mandatory and are not subject to extension, excuse, or exception except as expressly provided by statute."
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
  • 3 years = 36 months, same calendar date. Mandatory dismissal under 583.250(a). Excluded time (tolling) under 583.240 (defendant not amenable to process, stay, litigation over validity of service, impossibility) and extension by written stipulation or oral agreement in open court under 583.230 are not modeled. 'Complaint' includes cross-complaint and 'service' includes return of summons (583.110). roll none: the statute fixes the date; whether CCP 12a extends a weekend/holiday last day is not addressed in the text, so the conservative date is shown. The CRC 3.110(b) 60-day rule (proof_of_service_of_complaint) is the much earlier case-management deadline. CCP 12a extends a last day that falls on a weekend or holiday (Ystrom v. Handel (1988) 205 Cal.App.3d 144). Serving by the unrolled date is safest; a defendant should not treat the action as dismissable on an unrolled weekend/holiday date. [Validation 2026-11, Q0010. Authority: Ystrom v. Handel (1988) 205 Cal.App.3d 144, 146-148; Holland v. Dave Altman's R.V. Center (1990) 222 Cal.App.3d 477, fn. 4; Cal. Code Civ. Proc. 12a(b)] Ystrom v. Handel (1988) 205 Cal.App.3d 144 applied CCP 12a to extend a weekend last day; 1Court shows the unextended date because a missed 583.210 deadline means mandatory dismissal.
  • 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.
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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 complaint (or cross-complaint) was filed on Monday, March 15, 2027, personal service: due Friday, March 15, 2030.

  1. Trigger (Date the complaint (or cross-complaint) was filed): Monday, March 15, 2027.
  2. Add 36 months: Friday, March 15, 2030.

Notes

3 years = 36 months, same calendar date. Mandatory dismissal under 583.250(a). Excluded time (tolling) under 583.240 (defendant not amenable to process, stay, litigation over validity of service, impossibility) and extension by written stipulation or oral agreement in open court under 583.230 are not modeled. 'Complaint' includes cross-complaint and 'service' includes return of summons (583.110). roll none: the statute fixes the date; whether CCP 12a extends a weekend/holiday last day is not addressed in the text, so the conservative date is shown. The CRC 3.110(b) 60-day rule (proof_of_service_of_complaint) is the much earlier case-management deadline. CCP 12a extends a last day that falls on a weekend or holiday (Ystrom v. Handel (1988) 205 Cal.App.3d 144). Serving by the unrolled date is safest; a defendant should not treat the action as dismissable on an unrolled weekend/holiday date. [Validation 2026-11, Q0010. Authority: Ystrom v. Handel (1988) 205 Cal.App.3d 144, 146-148; Holland v. Dave Altman's R.V. Center (1990) 222 Cal.App.3d 477, fn. 4; Cal. Code Civ. Proc. 12a(b)] Ystrom v. Handel (1988) 205 Cal.App.3d 144 applied CCP 12a to extend a weekend last day; 1Court shows the unextended date because a missed 583.210 deadline means mandatory dismissal.

Related deadlines

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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.