Civil Lawsuit Deadlines You Need to Know

If you are involved in a legal dispute, you may be considering whether to escalate the matter to litigation. If you decide to pursue a civil action, it is important to understand the array of deadlines associated with civil litigation proceedings in California. The information below provides a general overview of the amount of time available to pursue a legal action, in addition to applicable deadlines for filing a civil lawsuit and engaging in the discovery process.

Statute of Limitations (i.e. Amount of Time to Pursue a Civil Action)

• Lawsuit Against a Public Entity (City, County, Municipality, etc.): Must file a claim within 6 months. If your claim is rejected, you have another 6 months to file a lawsuit. See Cal. Gov Code 910, 910.2, 911.2, 911.4. Please note that if you miss the 6-month window, there is the option to submit a written application to present a late claim to the public entity. This application must be presented within a “reasonable time” but not to exceed 1 year from the date of the accrual of the civil action, and you must state the reason for the delay. See Cal. Gov Code 910, 910.2, 911.2, 911.4.
• Personal Injury Lawsuit: 2 years. See California Code of Civil Procedure (CCP) 335.1.
• Medical Malpractice Lawsuit: 3 years from the date of the harm, or 1 year after you discover the harm, whichever occurs first. See CCP 340.5.
• Time Limit to Bring a Civil Lawsuit to Trial: Five years from the date the civil lawsuit was filed. See CCP 583.310.
• Uninsured Motorist Arbitration: 2years. See Insurance Code 11580.2(i)(1).
• Underinsured Motorist Claim: Does not begin to accrue until third party limits are exhausted. See Insurance Code 11580.2(p)(3).

Deadlines for Service of Process

• When You Need to Serve the Defendant After Filing Your Complaint: 60 days after filing. See California Rules of Court (CRC) 3.1110.
• Wen You Need to Serve the Defendant After Amending Your Complaint: If you amend your Complaint and add another defendant, you must serve the amended Complaint 30 days after adding. See CRC 3.110(b).
• Proof of Service (Which Shows the Court You Properly Served the Defendant): 60 days after filing your Complaint. See CRC 3.1110.
• Timeline for Defendant to Respond Through an Answer or Demurrer: 30 days from the date your Complaint was served. See CCP 412.20.

Discovery Deadlines

• When Plaintiff can Serve Discovery Questions to Another Party: 10 days after serving the Complaint to the Defendant. See CCP § 2030.020, 2031.020.
• When Defendant may Serve discovery on Plaintiff: Anytime. See CCP § 2030.020.
• When Plaintiff May Serve a Notice of Deposition: 20 days after serving the Complaint. See CCP 2025.210.
• Notice of Deposition: 20 days after service of your Complaint. See CCP 2025.210.
• Scheduling a Deposition: Must be scheduled at least 10 days in the future. If you mail the notice, account for 5 additional days. See CCP 2025.270.
• Deposition Objection: Must “promptly” object to a deposition at least 3 calendar days before the date of the deposition (add 5 days if you mail the objection). See CCP 2025.410(a).
• Depositions With Records Requests: If you are seeking “personal records” of a “consumer” the procedure differs depending on whether one is taking the deposition of a party (plaintiff, defendant, cross-defendant, etc.) or a non-party witness. For parties to the lawsuit, no subpoena is necessary, and the party can be compelled to produce “personal records” with10 days’ notice. In contrast, for non-party witnesses, a subpoena must be issued at least 20 days prior to the deposition. See CCP 2025.270.
• Depositions in Unlawful Detainer Actions: 5 days’ notice required. See CCP 2025.270(b).
• Serving Discovery Questions (Interrogatories, Inspection Demands, etc.) to Defendant or Another Party: 10 days after service of your Complaint. See CCP 2030.020 and 2031.020.
• Discovery Requests from Defendant: You may receive discovery requests from the Defendant at any time. See CCP 2030.020.
• Responding to Written Discovery Requests: 30 days (add 5 more days if questions were mailed).
• Discovery Closes Before Arbitration: 15 days before arbitration. See CRC 3.822.
• Discovery Closes Before trial: 30 days before trial or 15 days before arbitration. See CCP 2024.020.
• Obtaining Medical Records from Third Parties: You can serve a “Subpoena for Personal (medical) records” on a third party at least fifteen days before date of production. See CCP 1985.3(d).
• Motion to Compel Additional Answers: 45 days after receiving the Defendant’s discovery responses. See CCP 2030.300.
• Practical Last Day to Serve Discovery: 90-100 days prior to trial.
• Obtaining Employment Records: A subpoena must be served on the employee 10 days before date for production (5 days before service on the custodian of records). See CCP § 1985.6(b)(2)&(3). In addition, the subpoena must be served on records custodian 15 days before date of production.
• Motion to Quash Subpoena Duces Tecum: must be served on defense counsel at least five days before date for production of documents. See CCP 1985.3(g) and 1985.6(f)(2).
• Last Day to Hear Discovery Motions: 15 days prior to trial. See CCP 2024.020.

Expert Discovery Deadlines

• When Experts Must Be Demanded: 70 days prior to trial (or within 10 days of setting trial date, whichever is closer to the actual trial date). See CCP 2034.220.
• Experts Must Be Disclosed: 50 days before trial (or 20 days after service of demand, whichever is closer to trial date). See CCP 2034.230.
• Supplemental Expert Disclosure: Must be disclosed within 20 days of the Exchange of Expert Witnesses. May only disclose witness to cover a subject covered by opponent’s witnesses. See CCP 2034.280.
• Expert Depositions: May be set “On receipt of an expert witness list from a party.” See CCP 2034.410.
• Expert Discovery Cut Off: 15 days prior to original trial date. See CCP 2024.030.
• Last Day for Motions Regarding Experts – 10 days prior to original trial date. See CCP 2024.030.
• Experts Must Provide Documents Before Their Deposition – 3 business days prior to a deposition, experts must provide a copy of the documents that they are producing in response to the deposition notice. See CCP 2034.415.

Arbitration Deadlines

• Arbitrator Must Issue Award – Within 10 days after the end of arbitration (or 20 on application from the Arbitrator for more time). See CRC 3.825.
• Reject Arbitration Award – Within 60 days of service of arbitration award. See CRC 3.826.
• Closure of Discovery Prior to Arbitration – 15 days before arbitration. See CRC 3.822.

Important Motion Deadlines

• Noticed motions – Need to be served and filed 16 court days before the hearing date (add 5 more calendar days if served by mail or 2 more calendar days if served by fax, express mail, or overnight delivery). See CCP 1005.
• Opposition to noticed motion – Need to be filed and served 9 court days prior to hearing. See CCP 1005.
• Reply to noticed motion – 5 court days prior to hearing. See CCP 1005.
• Ex Parte Motion – Opposing party must be notified by 10:00 A.M. the day before the hearing, absent “exceptional circumstances.” See CRC 3.1203.
• Table of Contents/Authorities – Required for any motions that exceed 10 pages. See CRC 3.1113(f).

Trial Deadlines

• Closure of Discovery: 30 days before trial, or after non-binding arbitration. See CCP 2024.020 and CCP § 1141.24.
• Experts Must Be Demanded: 70 days before trial (or within 10 days of setting trial date, whichever is closer to the actual trial date). See CCP 2034.220.
• Experts Must Be Disclosed: 50 days before trial (or 20 days after service of the demand, whichever is closer to the actual trial date). See CCP 2034.230.
• Notice to Appear at Trial to a Party (with no documents): 10 days before trial, send notice with time and place to attorney. See CCP § 1987(b).
• Notice to Appear at Trial to a Party (with documents): 20 days before trial, send notice with time and place to attorney. See CCP § 1987(c).
• Objection to Notice to Appear at Trial with Documents: 5 days “or any other time period as the court may allow.” See CCP § 1987(c).
• 998 Offers to Compromise: May be made up until 10 days prior to trial. See CCP 998.

Have Questions About Civil Law Deadlines? Contact the Vokshori Law Group

As you can see, there are a myriad of time limits applicable to a civil claim, including the deadline for Service of Process, Discovery time limits, among many others. Adherence to these deadlines is critically important if you want your legal claim to prevail. This is why it is so important to work with an attorney at the Vokshori Law Group. We are a full-service law firm, and our legal team is comprised of respected and knowledgeable real estate attorneys are dedicated to providing exceptional legal services to ensure your rights are protected and your legal needs are met. We prioritize communication with our clients and strive to provide personalized legal services that meet your unique needs.

For more information or to schedule a consultation, please contact Vokshori Law Group at (855) 855-2608 or visit www.VokLaw.com to learn more.