In California state court, a motion to bifurcate must be timed so the court’s order granting it is entered at least 30 days before trial, or by the close of a pretrial conference if one is scheduled. Because the statute’s deadline runs against the order rather than the filing, the California motion to bifurcate deadline you actually need to plan around sits several weeks earlier than that cutoff. Most practitioners file six to eight weeks before trial.
The Two Deadlines in CCP 598
Code of Civil Procedure Section 598 sets the timing in a single sentence that splits two ways depending on how the case is managed:
- If the court holds a pretrial conference, the bifurcation order must be entered no later than the close of that conference.
- In every other case, the order must be entered no later than 30 days before the trial date.1California Legislative Information. California Code CCP 598 – Issues, The Mode of Trial and Postponements
Read that language closely. The deadline applies to the court’s order, not to when you drop papers at the clerk’s window. The judge has to receive the motion, give the other side time to oppose, hold a hearing, and issue a ruling, all before the 30-day mark. Filing on day 31 and expecting a signed order by day 30 is not realistic.
The statute authorizes bifurcation when it serves witness convenience, the ends of justice, or the economy and efficiency of the litigation. The decision sits entirely in the trial judge’s discretion. No party has a right to a split trial.
Counting Backward From the Trial Date
To hit the 30-day mark on the order, work backward through California’s motion-notice rules. CCP 1005 requires moving papers to be served and filed at least 16 court days before the hearing.2California Legislative Information. California Code of Civil Procedure 1005 – Written Notice for Motions Court days exclude weekends and court holidays, so 16 court days is roughly three and a half calendar weeks.
Add time based on how you serve the opposing party:
- Mail within California: add 5 calendar days.
- Mail to an address outside California but within the United States: add 10 calendar days.
- Express mail or overnight delivery: add 2 calendar days.2California Legislative Information. California Code of Civil Procedure 1005 – Written Notice for Motions
- Electronic service: add 2 court days.3Judicial Branch of California. LEG15-03 Timing of Electronic Service – Amendment to Code of Civil Procedure 1005
Put the pieces together for a case without a pretrial conference, served by mail within California. The order needs to exist by day 30 before trial. The hearing should sit a few days before that so the judge has a margin to rule. The hearing itself needs to be set at least 16 court days plus 5 calendar days after service. That math lands the realistic filing window at about seven to eight weeks before the trial date.
Opposition papers are due 9 court days before the hearing, and any reply is due 5 court days before the hearing, under CCP 1005(b). Build those into your calendar as well, because a judge who hasn’t seen a reply yet is often reluctant to rule.
Local superior court rules can tighten these windows. Some counties fold bifurcation requests into their trial-document deadlines, which may be stricter than the statute. Check the local rules for the county where your case is pending before you set a filing date.
When the Court Can Still Bifurcate After the Deadline
CCP 598 preserves the court’s power to order bifurcation on its own motion “at any time.”1California Legislative Information. California Code CCP 598 – Issues, The Mode of Trial and Postponements A judge who sees mid-trial that separating issues would save days of testimony can order a split then. That provision protects the court’s discretion. It is not a safety net for a party who missed the deadline.
CCP 1048(b) is a separate tool. It lets the court order separate trials of entire causes of action, cross-complaints, or groups of issues “in furtherance of convenience or to avoid prejudice.” Section 1048(b) carries no 30-day deadline, and courts sometimes rely on it when the division involves distinct claims rather than a liability-damages split within a single claim. If you are past the CCP 598 cutoff, Section 1048(b) may still be available depending on how the separation is framed.
The CCP 597 Carve-Out
CCP 598 does not apply to special defenses tried first under Sections 597 and 597.5. Those are threshold defenses that end a case without reaching the merits, such as statute of limitations, prior judgment, and another pending action on the same dispute.4California Legislative Information. California Code of Civil Procedure CCP 597 – Special Defenses They have their own procedure for being tried first and do not run through the CCP 598 timeline.
What Goes Into the Motion
The filing package follows the standard California motion format: a Notice of Motion stating the hearing date, time, and courtroom, along with the issues to be separated, and a Memorandum of Points and Authorities explaining why the split satisfies the statute’s criteria.
Declarations should be concrete. Vague claims that “efficiency would be promoted” rarely move judges. Effective declarations quantify the difference: how many witnesses the liability phase requires versus the full trial, how many days of testimony the damages phase would add, and why the first-phase issue has a realistic chance of being dispositive. Attach a proposed order setting out the bifurcated schedule so the judge can sign it without redrafting.
Serve every opposing party within the timeframes above.
At the Hearing
Many superior courts post tentative rulings the afternoon before the hearing, but California Rules of Court 3.1308 does not require it, so do not assume one will appear.5Judicial Branch of California. California Rules of Court Rule 3.1308 – Tentative Rulings Where a tentative ruling is posted, most courts require a party who wants oral argument to notify the court and opposing counsel in advance.
Expect pointed questions about trial logistics: which witnesses testify in which phase, how exhibits divide, and what happens if the first phase does not resolve the case. If the motion is granted, the order typically identifies the issues for each phase and may set separate trial dates or build a planned break into a single trial date.
Federal Court Is Different
If your case is in a California federal district court, the state deadline does not apply. Federal Rule of Civil Procedure 42(b) permits separate trials “for convenience, to avoid prejudice, or to expedite and economize,” with no fixed calendar deadline.6Legal Information Institute (Cornell Law School). Rule 42. Consolidation; Separate Trials The court can order bifurcation at any time, though judges still expect timely requests, and any order must preserve the parties’ Seventh Amendment right to a jury trial on issues the first jury did not decide.