Bring action to trial again after mistrial or hung jury (3 years)
36 months after date the order declaring the mistrial or the disagreement of the jury was entered, under Cal. Code Civ. Proc. 583.320(a)(1), (b).
Rule text
583.320(a)(1): "If a trial is commenced but no judgment is entered because of a mistrial or because a jury is unable to reach a decision, within three years after the order of the court declaring the mistrial or the disagreement of the jury is entered." 583.320(b): "Nothing in this section requires that an action again be brought to trial before expiration of the time prescribed in Section 583.310."
Calculate this deadline
- Trigger (Date the order declaring the mistrial or the disagreement of the jury was entered): Friday, November 6, 2026.
- Add 36 months: Tuesday, November 6, 2029.
Cal. Code Civ. Proc. 583.320(a)(1), (b)
583.320(a)(1): "If a trial is commenced but no judgment is entered because of a mistrial or because a jury is unable to reach a decision, within three years after the order of the court declaring the mistrial or the disagreement of the jury is entered." 583.320(b): "Nothing in this section requires that an action again be brought to trial before expiration of the time prescribed in Section 583.310."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
- The applicable deadline is the LATER of this date and the original 5-year date (trial_within_5_years), per 583.320(b). Same tolling/extension caveats (583.330 to 583.350) as the 5-year rule; roll none is conservative.
- 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 order declaring the mistrial or the disagreement of the jury was entered on Monday, March 15, 2027, personal service: due Friday, March 15, 2030.
- Trigger (Date the order declaring the mistrial or the disagreement of the jury was entered): Monday, March 15, 2027.
- Add 36 months: Friday, March 15, 2030.
Notes
The applicable deadline is the LATER of this date and the original 5-year date (trial_within_5_years), per 583.320(b). Same tolling/extension caveats (583.330 to 583.350) as the 5-year rule; roll none is conservative.
Related deadlines
- Case management statement (15 days before)
- Meet and confer before initial case management conference (30 days before)
- Serve complaint and file proof of service (60 days after)
- Serve summons and complaint (mandatory 3-year limit) (36 months after)
- File proof of service of summons (statutory outer limit) (60 days after)
- Earliest discretionary dismissal for failure to serve (2 years) (24 months after)
- Responsive papers to OSC re failure to serve or default (rule 3.110) (5 days before)
- Bring action to trial (mandatory 5-year limit) (60 months 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
- 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.