Summary Judgment Deadlines in California: 81-Day Service Rule

California summary judgment deadlines run on an 81-day clock. The moving party must serve the motion and all supporting papers at least 81 calendar days before the hearing, the opposition is due 20 days before the hearing, the reply 11 days before, and the hearing itself has to be scheduled no later than 30 days before trial. These figures were updated by AB 1755 effective January 1, 2025, so any guide using 75, 14, or 5 days is out of date.¹

When You Can File and When the Hearing Must Occur

A summary judgment motion can be filed any time after 60 days have passed since each opposing party made a general appearance in the case. Courts can shorten that waiting period for good cause, but most motions are filed well past the 60-day mark.¹

On the back end, the hearing must occur no later than 30 days before the trial date, unless the court orders otherwise for good cause. If trial is set for August 15, the latest the hearing can be held is July 16. That buffer keeps a case from being resolved on paper so close to trial that both sides have already burned through trial preparation.¹

Everything else on the timeline is counted backward from the hearing date.

The 81-Day Service Window

The moving party must serve the notice of motion and every supporting paper on all other parties at least 81 calendar days before the hearing. That window was 75 days before AB 1755 took effect on January 1, 2025. The legislature extended it because opposition papers on summary judgment are often the most document-heavy filings in a civil case, and 75 days was tight.¹

Treat 81 days as the floor. Depending on how you serve the papers, you may need more.

Opposition and Reply

The opposing party must file and serve opposition papers at least 20 calendar days before the hearing. That deadline was 14 days under the prior rules. Opposition typically includes declarations, deposition excerpts, documentary evidence, and a responsive separate statement addressing each fact the moving party listed as undisputed.¹

Reply papers are then due at least 11 calendar days before the hearing, up from the old 5-day window. The reply is meant to address points raised in the opposition, and courts look unfavorably on replies that introduce brand-new arguments or evidence the other side had no chance to answer.¹

How the Service Method Changes Your Timeline

California adds extra days to the 81-day period based on how service is accomplished. The extensions are built into section 437c for mail and other physical methods, and into section 1010.6 for electronic service.

Mail within California: add 5 calendar days, so serve at least 86 days before the hearing.¹
Mail to another state: add 10 calendar days, so serve at least 91 days before the hearing.¹
Mail outside the United States: add 20 calendar days, so serve at least 101 days before the hearing.¹
Fax, express mail, or overnight delivery: add 2 court days.¹
Electronic service: add 2 court days.²

Mail extensions are measured in calendar days. The extensions for electronic service, fax, and overnight delivery are measured in court days, which exclude weekends and court holidays. Mixing up the two is an easy way to end up short.

Calendar Days, Not Court Days

Summary judgment deadlines are counted in calendar days. That makes them unusual among California civil motions, most of which run on court days. Weekends and holidays count when you measure the 81-day, 20-day, and 11-day periods.

One safety valve applies. If the last day to act falls on a Saturday, Sunday, or court holiday, the deadline rolls to the next court day. So if the 81-day service deadline lands on a Sunday, Monday works. The rollover keeps a closed courthouse from erasing a filing right, but it doesn’t otherwise change the calendar-day counting method.

Missing a Deadline

Moving Party Serves Late

If the motion is served without the full 81 days of notice, plus any applicable service extension, the court can deny it. Some judges will continue the hearing instead so the defect can be cured, but that depends on the court’s calendar and its willingness to accommodate the error. A motion served 75 days out is untimely under the current rules, and the opposing party can object.¹

Opposing Party Files Late

Late opposition papers are dangerous. The court has discretion to refuse to consider a late filing, which can leave the judge to decide the motion on the moving party’s evidence alone. That often ends with the motion granted. Leave to file late can be requested, but approval is not guaranteed, and even accepted late papers remain subject to the judge’s discretion to weigh them.

Late Reply

The same discretionary framework applies to a reply filed after the 11-day deadline. The court may consider it or refuse to.

When Discovery Isn’t Done

Sometimes a motion arrives before the opposing party has had a real chance to gather evidence. Section 437c(h) gives the opposing party a specific remedy: ask the court to continue the hearing so essential facts can be obtained. The request should explain what evidence exists, why it hasn’t been gathered yet, and how more time would let the party present it. A supporting declaration is required.

A judge can grant the continuance, deny the motion outright, or fashion another remedy. Courts take these requests seriously, especially where the moving party has been uncooperative in discovery. File before the opposition deadline passes. Raising incomplete discovery for the first time at the hearing rarely works.

Summary Adjudication Runs on the Same Clock

When full summary judgment isn’t realistic because some claims involve genuinely disputed facts, a party can move for summary adjudication of individual causes of action, affirmative defenses, or claims for damages. The deadlines described above apply the same way to summary adjudication motions.¹

1
California Legislative Information. California Code of Civil Procedure 437c – Summary Judgment
2
California Legislative Information. California Code of Civil Procedure 1010.6 – Electronic Filing and Service