California Summary Judgment Deadlines Calculator
Starting January 1, 2025, the deadlines for filing motions for summary judgment and responsive pleadings in California will change due to amendments to the California Code of Civil Procedure section 437c. This tool helps you understand how these changes affect the calculation of deadlines based on your hearing date.
Please use the slider below to select your hearing date and view the corresponding deadlines.
Deadlines for Hearing Date: {{ formatDate(formattedSelectedDate) }}
| Deadline | Old Rule | New Rule |
|---|---|---|
| Motion Filing Deadline |
{{ formatDate(deadlines.OldRule?.domOutUS) }} (Mail Outside U.S.) {{ formatDate(deadlines.OldRule?.domOutState) }} (Mail Outside State) {{ formatDate(deadlines.OldRule?.domMail) }} (Mail) {{ formatDate(deadlines.OldRule?.domElec) }} (Electronic/Fax/Overnight) {{ formatDate(deadlines.OldRule?.dom) }} (Hand Service) |
{{ formatDate(deadlines.NewRule?.domOutUS) }} (Mail Outside U.S.) {{ formatDate(deadlines.NewRule?.domOutState) }} (Mail Outside State) {{ formatDate(deadlines.NewRule?.domMail) }} (Mail) {{ formatDate(deadlines.NewRule?.domElec) }} (Electronic/Fax/Overnight) {{ formatDate(deadlines.NewRule?.dom) }} (Hand Service) |
| Opposition Deadline | {{ formatDate(deadlines.OldRule?.Opp) || 'N/A' }} | {{ formatDate(deadlines.NewRule?.Opp) || 'N/A' }} |
| Reply Deadline | {{ formatDate(deadlines.OldRule?.Reply) || 'N/A' }} | {{ formatDate(deadlines.NewRule?.Reply) || 'N/A' }} |
| Hearing Date | {{ formatDate(formattedSelectedDate) }} | |
No deadline data available for the selected date.
Calculation Notes and Formulas
The deadlines are calculated based on the hearing date using the following formulas:
-
Hand Service:
- Old Rule: Hearing Date minus 75 calendar days.
- New Rule: Hearing Date minus 81 calendar days.
-
Opposition Deadline:
- Old Rule: Hearing Date minus 14 calendar days.
- New Rule: Hearing Date minus 20 calendar days.
-
Reply Deadline:
- Old Rule: Hearing Date minus 5 calendar days.
- New Rule: Hearing Date minus 11 calendar days.
-
Additional Days for Service:
- Mail within California: Subtract 5 additional days.
- Mail outside California but within the U.S.: Subtract 10 additional days.
- Mail outside the U.S.: Subtract 20 additional days.
- Electronic/Fax/Overnight: Subtract 2 court days.
All dates are adjusted according to California court rules, moving to the previous court day if a calculated date falls on a weekend or court holiday. This primary calculation is not adjusted when adding additional days for service.
Explanation and History
These changes were made as part of Assembly Bill 2049, which was signed on July 15, 2024. Although no part of the California Code of Civil Procedure "is retroactive, unless expressly so declared," per CCP section 3, the bill does not indicate which deadlines apply should a summary judgment motion be filed in 2024, with a hearing date set after the January 1, 2025 amendments take effect.
The question then arises whether the new deadlines of 20 days and 11 days should apply to the opposition and reply periods. If they should and the litigator follows the pre-amendment deadlines of 14 and 5 days, their filings will be late.
Given the lack of guidance in Assembly Bill 2049, its legislative history, and the text of section 437c, and absent an order from the court in your specific case, it is recommended that litigants err on the side of caution and use the amended briefing schedule for any motion for summary judgment hearing set after January 1, 2025.
In addition to the amendments to the deadlines in section 437c, the section was amended to limit parties to only one summary judgment motion absent good cause and to prohibit the reply brief from including any new evidentiary matter, additional material facts, or separate statements not previously presented in the motion for summary judgment or opposition briefs.
To view information on the upcoming amendments contained in Assembly Bill 2049, please visit the California Legislature website here.