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CIVIL LAWSUITS
There are many civil law time limits! Here is a summary of some of the important deadlines to know! Check with the rules of your local jurisdiction, such as the California Rules of Court and the California Code of Civil Procedure. The following are the relevant time deadlines that you must know in order to successfully litigate your civil case!
SERVICE OF PROCESS CIVIL LAW TIME LIMITS
SERVICE OF LAWSUIT
File Complaint
■ File Complaint and initiate Lawsuit – Serve Filed Complaint on Defendant – the civil law time limit is sixty (60) days after filing. [Please see the CALIFORNIA RULES OF COURT 3.110]
Amended Complaint
■ File Amended Complaint – Serve an Amended Complaint for an Additional Defendant – the civil law time limit is thirty (30) days after adding the new Defendant in the lawsuit. [Please see CALIFORNIA RULES OF COURT 3.110(b)]
Proof of Service
■ File Proof of Service – You must prove to the Court that you served Defendant with the legal documents. You must file a Proof of Service of Summons and Complaint – within sixty (60) days after serving the complaint. [Please see the CALIFORNIA CODE OF CIVIL PROCEDURE § 583.210]
Defendant’s Answer
■ Defendant’s Responsive Pleading – The civil law time limit to file an Answer or Demurrer by the Defendant – thirty (30) days from date the Plaintiff’s complaint was served on the particular Defendant. [Please see the CALIFORNIA CODE OF CIVIL PROCEDURE 412.20]
DISCOVERY CIVIL LAW TIME LIMITS
DISCOVERY IN CIVIL LITIGATION
Service of Discovery Requests
■ Discovery “Opens” – Discovery Requests can be propounded by the Plaintiff on a party Defendant – 10 days after service of Plaintiff’s complaint. [CALIFORNIA CODE OF CIVIL PROCEDURE § 2030.020]
Civil Subpoenas
■ Obtain Records from Third Part(ies) – i.e., Service of Subpoena for Personal (medical) records – Must be served on consumer at least 15 (in actuality 20, due to 5 days for mailing) days before date of production. [CALIFORNIA CODE OF CIVIL PROCEDURE § 1985.3(d) incorporating CALIFORNIA CODE OF CIVIL PROCEDURE § 2020.220(a)]. Please note, the subpoena may not be served on the “custodian of records” until at least five (5) days after the service on the “consumer”. [CALIFORNIA CODE OF CIVIL PROCEDURE § 1985.3(b)(3)]
■ Service of Subpoena for Employment Records – Must be served on the employee ten (10) days prior to the date of production (in reality it is twenty (20) days before production due to time added for mailing), five (5) days before service on the person within the organization who is the “records custodian”. [CALIFORNIA CODE OF CIVIL PROCEDURE § 1985.6(b)(2) & (3).] The subpoena must be served on custodian of records fifteen (15) days before the production date of the requested documents and records.
Motion to Quash Subpoena
■ File Motion to Quash Subpoena Duces Tecum – the motion must be served on the defense counsel at least five (5) days before the date for production of the requested documents [CALIFORNIA CODE OF CIVIL PROCEDURE 1985.3(g), 1985.6(f)(2)] Please know that the Court may still grant a motion to quash even after this civil law time limit established pursuant to prior court decisions. [for example, see Slagle v. Sup. Ct. (1989) 211 Cal. App.3d 1309]
Civil Discovery Requests
■ File a Motion to Compel Additional Answers – must be filed forty-five (45) days after receipt of the discovery responses. [CALIFORNIA CODE OF CIVIL PROCEDURE § 2030.300]
■ Respond to Propounded Written Discovery – thirty (30) days after the service date (please note, five (5) days are added if the discovery requests were served by mailed).
Discovery Cutoff
■ Discovery “Closes” Prior to Arbitration – fifteen (15) days prior to the arbitration. [CALIFORNIA RULES OF COURT 3.822, but please refer to the local rules of the jurisdiction in which the matter is being heard]
■ Discovery “Closes” Prior to Trial: thirty (30) days prior to the trial date – or fifteen (15) days prior to an arbitration. [CALIFORNIA CODE OF CIVIL PROCEDURE 2024.020, but please refer to the local rules of the relevant jurisdiction]
■ Last Day to Hear Discovery Motions – fifteen (15) days prior to the trial date. [CALIFORNIA CODE OF CIVIL PROCEDURE 2024.020]
■ Practical Last Day to Serve Discovery (and still be allowed to make a motion on the particular discovery requests) – ninety to one-hundred days (90-100) days prior to the trial date.
Depositions
■ Service of Deposition Notice – A Party Defendant may be served at any time. Plaintiff must wait twenty (20) days after the service of the summons and complaint to serve a deposition notice on any non-party witnesses. [CALIFORNIA CODE OF CIVIL PROCEDURE 2025.210]
■ Setting Depositions – the civil law time limits for the dates for depositions must be set at least ten (10) days in the future after the service of the notice (please note, five (5) days are added if the deposition notice was served by mailed – CALIFORNIA CODE OF CIVIL PROCEDURE 1013) , at least 20 (+5 days if the notice is mailed – CALIFORNIA CODE OF CIVIL PROCEDURE 1013) if the deposition notice includes request for documents. [CALIFORNIA CODE OF CIVIL PROCEDURE 2025.270]
EXPERT DISCOVERY IN CIVIL LITIGATION
Expert Disclosure Demand
■ Experts Must Be Demanded – the civil law time limit to demand experts is seventy (70) days prior to the trial date (or within ten (10) days of setting the trial date, whichever is closer to the trial date) [CALIFORNIA CODE OF CIVIL PROCEDURE 2034.220]
■ Disclosure of Experts – the parties’ experts must be disclosed at least fifty (50) days before the trial date (or twenty (20) days after the service of a demand by a party to the lawsuit, whichever is closer to the trial date) [CALIFORNIA CODE OF CIVIL PROCEDURE 2034.230]
■ Supplemental Expert Disclosure – a supplement to the expert disclosure must be disclosed within twenty (20) days of the Exchange of Expert Witnesses. This supplement may only disclose the witness to cover a subject covered by the opponent’s disclosed witnesses. [CALIFORNIA CODE OF CIVIL PROCEDURE 2034.280]
Expert Depositions
■ Taking of Expert Depositions – The deposition of experts may be set “on receipt of an expert witness list from a party.” [CALIFORNIA CODE OF CIVIL PROCEDURE 2034.410]
Expert Discovery Cutoff
■ Cut Off of Expert Discovery – the civil law time limit for expert discovery cutoff is fifteen (15) days before the original set trial date. [CALIFORNIA CODE OF CIVIL PROCEDURE 2024.030].
■ Last Day for Motions Regarding Expert Discovery – the civil law time limit to file motions regarding experts is ten (10) days before the original set trial date. [CALIFORNIA CODE OF CIVIL PROCEDURE 2024.030].
ARBITRATION CIVIL LAW TIME LIMITS
ARBITRATION DEADLINES
■ Rejection of an Arbitration Award – the civil law time limit to file a rejection of an arbitration award is within thirty (30) days of service of the arbitration award. [CALIFORNIA RULES OF COURT 3.826]
■ Discovery “Closes” Prior to Arbitration – fifteen (15) days prior to the arbitration date. [CALIFORNIA RULES OF COURT 3.822].
TRIAL CIVIL LAW TIME LIMITS
TRIAL DEADLINES
■ Close of Discovery (with the exclusion of expert discovery, i.e. expert lists and expert depositions) – the civil law time limits is thirty (30) days prior to the trial date, or after non-binding arbitration. [CALIFORNIA CODE OF CIVIL PROCEDURE 2034.210; CALIFORNIA CODE OF CIVIL PROCEDURE § 1141.24].
■ Demand of Expert Disclosure – the civil law time limits for the demand of experts is seventy (70) days before the trial date (or within ten (10) days of setting the trial date, whichever is closer to trial date). [CALIFORNIA CODE OF CIVIL PROCEDURE 2034.220].
■ Expert Disclosure – the civil law time limits in which experts must be disclosed is fifty (50) days prior to the trial date (or twenty (20) days after service of the party’s demand for disclosure of experts, whichever is closer to the trial date). [CALIFORNIA CODE OF CIVIL PROCEDURE 2034.230].
CCP 998 Offer to Compromise
■ “998 Offers” – Service of Offers to Compromise pursuant to Code of Civil Procedure section 998 – the civil law time limit in which a “998 Offer” can be made is up until ten (10) days prior to the trial date. [CALIFORNIA CODE OF CIVIL PROCEDURE 998].
Notice to Appear
■ Notice to Appear at Trial (to party) with no documents – the civil law time limits for service of a notice to appear at trial for a party is ten (10) days before the trial date. The notice must include the time and place. The notice can be served on the attorney of record for the party. [CALIFORNIA CODE OF CIVIL PROCEDURE § 1987(b)]. Please note, additional time is required if requesting the party to bring documents to the trial.
■ Notice to Appear at Trial (to party) with documents – the civil law time limits for service of notice to appear with documents at the time of trial is twenty (20) days prior to the trial date, you can send the notice with the time and place to the attorney of record for the party. [CALIFORNIA CODE OF CIVIL PROCEDURE § 1987(c)].
■ Objection to Notice to Appear At Trial With Documents – must be served within five (5) days “or any other time period as the court may allow” of receiving notice to appear [CALIFORNIA CODE OF CIVIL PROCEDURE § 1987(c)].
MOTION PRACTICE CIVIL LAW TIME LIMITS
MOTION DEADLINES
Notice of Motion
■ Noticed motions – Motions, i.e. requests to the court to make an order, must be served on the part(ies) and filed with the court sixteen (16) court days prior to the reserved hearing date (please note, you must make a hearing reservation for the court to hear the motion) [CALIFORNIA CODE OF CIVIL PROCEDURE 1005] Note: CALIFORNIA CODE OF CIVIL PROCEDURE 1013 does not apply.
Opposition to Motion
■ File Opposition to a Noticed Motion – the civil law time limits to file and serve an opposition to a motion is nine (9) court days before the motion hearing date. [CALIFORNIA CODE OF CIVIL PROCEDURE 1005].
Reply to Opposition
■ Reply to Opposition to a Noticed Motion – the civil law time limits to file a reply is five (5) court days before the reserved hearing date. [CALIFORNIA CODE OF CIVIL PROCEDURE 1005].
Ex Parte Motions
■ File Ex Parte Motion – the civil law time limits regarding ex parte motions include: The opposing party must be notified by 10:00 A.M. the day before the hearing, absent “exceptional circumstances.” [CALIFORNIA RULES OF COURT 3.1203]. Please know that these are a “minimum requirements”. It is important that you check with the local rules of the court that has jurisdiction over your specific matter for more strict notice requirements.
Manner of service: “Notwithstanding any other provision of this section, all papers opposing a motion and all reply papers shall be served by personal delivery, facsimile transmission, express mail, or other means consistent with Sections 1010, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time the opposing papers or reply papers, as applicable, are filed.” [CALIFORNIA CODE OF CIVIL PROCEDURE 1005(c)].
CALIFORNIA CODE OF CIVIL PROCEDURE 1013:
“…The service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended five calendar days, upon service by mail, if the place of address and the place of mailing is within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, and 20 calendar days if either the place of mailing or the place of address is outside the United States.”
Motion for Summary Judgment
■ Motions for Summary Judgment – the civil law time limits to serve Notice of a Motion for Summary Judgment is seventy-five (75) days before the reserved hearing date with the court (an additional ten (10) days is required if the party is located outside of California, and an additional twenty (20) days is required if the party is located outside the United States) [CALIFORNIA CODE OF CIVIL PROCEDURE 437c(a)].
Opposition to MSJ
■ Opposition to Motion for Summary Judgment – the civil law time limits for the filing and service of an opposition to a motion for summary judgment is fourteen (14) days before the reserved hearing date with the court [CALIFORNIA CODE OF CIVIL PROCEDURE 437c(b)(2)]. The civil law time limits to file and serve a Reply to the Opposition is five (5) days before the reserved hearing date. [CALIFORNIA CODE OF CIVIL PROCEDURE 437c(b)(3)].
STATUTES OF LIMITATIONS
DEADLINE TO FILE LAWSUIT
Personal Injury Statute of Limitation
■ Personal Injury – two (2) years from the date of the incident. [CALIFORNIA CODE OF CIVIL PROCEDURE 335.1].
Medical Malpractice Statute of Limitation
■ Medical Malpractice – three (3) years from the date of injury, or one (1) year after the plaintiff discovers the injury, whichever occurs first. [CALIFORNIA CODE OF CIVIL PROCEDURE 340.5] Please know that you must give ninety (90) days notice of intent to sue. [CALIFORNIA CODE OF CIVIL PROCEDURE 364]. Please know that statute of limitations for a medical malpractice claim may be “tolled” by: (1) upon proof of fraud, (2) intentional concealment, or (3) the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injured person. [CALIFORNIA CODE OF CIVIL PROCEDURE 340.5]
Public Entity Claim Notice
■ “Public Entity Claim Notice” – Lawsuits against public entities (like cities or counties) – Must file a claim within six (6) months from the date of the incident. Then you have 6 months from date of the rejection letter to file a lawsuit.
Right to a Speedy Civil Trial
■ Time Limit to Bring Case to Trial – Five (5) years from the date the lawsuit was filed, pursuant to the right to a fair and speedy trial [CALIFORNIA CODE OF CIVIL PROCEDURE 583.310]
There are time limits to file your claims and also to prosecute your claims in litigation. These include the Statute of Limitations, deadline for Service of Process, Discovery time limits, Expert discovery time limits, Arbitration deadlines, and Trial dates, Motion time limits, among many others! It is important to work with an attorney!
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