Calculate court filing deadlines with Federal and California court rules, holiday adjustments, and service extensions
Legal deadline calculations follow specific court rules that determine when counting begins, how days are counted, and what happens when a deadline falls on a non-business day. Understanding these rules is essential for litigation practitioners to avoid potentially case-ending mistakes.
Both federal and California state courts use similar but distinct frameworks for calculating deadlines. The process involves four key steps:
Under Federal Rule of Civil Procedure 6(a), deadline calculations follow these principles:
California Code of Civil Procedure Section 12 and related statutes govern deadline calculations in state court:
When documents are served by methods other than personal delivery, additional time may be added to response deadlines:
When service is made by mail, the responding party gets 3 additional days. Electronic service typically does not add time. This extension applies to most deadlines computed from the date of service.
Mail within California adds 5 days; mail outside California adds 10 days. Electronic service and overnight delivery add 2 court days. These extensions are added after calculating the base deadline.
This comprehensive reference covers the most common litigation deadlines in federal and California state courts. Each deadline includes the governing rule, time period, and practical considerations.
| Deadline Type | Time Period | Rule | Notes |
|---|---|---|---|
| Answer to Complaint | 21 days | FRCP 12(a)(1)(A) | From service of summons and complaint |
| Answer (Waiver of Service) | 60 days | FRCP 4(d) | 90 days if served outside US |
| Motion to Dismiss | 21 days | FRCP 12(a)(1)(A) | In lieu of answer; extends answer deadline |
| Response to Motion | 14 days | FRCP 6(c)(1) | Unless court orders otherwise |
| Reply Brief | 7 days | Local Rules | Check local rules; varies by district |
| Discovery Responses | 30 days | FRCP 33, 34, 36 | Interrogatories, RFPs, RFAs |
| Opposition to Summary Judgment | 21 days | FRCP 56(b) | Check local rules for variations |
| Notice of Appeal (Civil) | 30 days | FRAP 4(a)(1)(A) | From entry of judgment |
| Notice of Appeal (US Party) | 60 days | FRAP 4(a)(1)(B) | When US is a party |
| Motion for New Trial | 28 days | FRCP 59(b) | From entry of judgment |
| Motion to Alter/Amend Judgment | 28 days | FRCP 59(e) | From entry of judgment |
| Renewed Motion for JMOL | 28 days | FRCP 50(b) | From entry of judgment |
| Deadline Type | Time Period | Rule | Notes |
|---|---|---|---|
| Answer to Complaint | 30 days | CCP 412.20(a)(3) | From service of summons |
| Demurrer | 30 days | CCP 430.40 | In lieu of answer |
| Opposition to Motion | 9 court days | CCP 1005(b) | Before hearing date |
| Reply Brief | 5 court days | CCP 1005(b) | Before hearing date |
| Discovery Responses | 30 days | CCP 2030.260 | Interrogatories, RFPs, RFAs |
| Opposition to Summary Judgment | 14 days | CCP 437c(b)(2) | Before hearing date |
| Opposition to Anti-SLAPP | 60 days | CCP 425.16(f) | From service of motion |
| Notice of Appeal | 60 days | CRC 8.104 | From service of notice of entry |
| Motion for New Trial | 15 days | CCP 659 | From mailing of notice of entry |
| JNOV Motion | 15 days | CCP 629 | From mailing of notice of entry |
| Unlawful Detainer Answer | 5 days | CCP 1167 | Expedited timeline |
| Writ Response | 10 days | CCP 1107 | Check specific writ rules |
Court holidays affect deadline calculations because deadlines that fall on these dates automatically extend to the next business day. Federal and California state courts observe different holidays, so knowing which calendar applies to your case is essential.
Federal courts observe the following holidays pursuant to 5 U.S.C. 6103. Courts are closed on these dates.
| Holiday | 2025 Date | Day of Week |
|---|---|---|
| New Year's Day | January 1, 2025 | Wednesday |
| Martin Luther King Jr. Day | January 20, 2025 | Monday |
| Presidents' Day | February 17, 2025 | Monday |
| Memorial Day | May 26, 2025 | Monday |
| Juneteenth | June 19, 2025 | Thursday |
| Independence Day | July 4, 2025 | Friday |
| Labor Day | September 1, 2025 | Monday |
| Columbus Day | October 13, 2025 | Monday |
| Veterans Day | November 11, 2025 | Tuesday |
| Thanksgiving Day | November 27, 2025 | Thursday |
| Christmas Day | December 25, 2025 | Thursday |
California courts observe additional state holidays beyond federal holidays. Per Government Code Section 6700.
| Holiday | 2025 Date | Day of Week |
|---|---|---|
| New Year's Day | January 1, 2025 | Wednesday |
| Martin Luther King Jr. Day | January 20, 2025 | Monday |
| Lincoln's Birthday | February 12, 2025 | Wednesday |
| Presidents' Day | February 17, 2025 | Monday |
| Cesar Chavez Day | March 31, 2025 | Monday |
| Memorial Day | May 26, 2025 | Monday |
| Juneteenth | June 19, 2025 | Thursday |
| Independence Day | July 4, 2025 | Friday |
| Labor Day | September 1, 2025 | Monday |
| Columbus Day | October 13, 2025 | Monday |
| Veterans Day | November 11, 2025 | Tuesday |
| Thanksgiving Day | November 27, 2025 | Thursday |
| Day After Thanksgiving | November 28, 2025 | Friday |
| Christmas Day | December 25, 2025 | Thursday |
When a federal holiday falls on Saturday, it is observed on Friday. When it falls on Sunday, it is observed on Monday. Electronic filing systems remain available 24/7, but deadlines that fall on holidays extend to the next business day.
California observes additional holidays not recognized federally (Lincoln's Birthday, Cesar Chavez Day, Day After Thanksgiving). Some courts also close on "court furlough" days during budget restrictions - check your specific court's calendar.
The method by which legal documents are served affects response deadlines. Both federal and California courts add extra time when service is made by methods that may delay receipt, ensuring parties have adequate time to respond.
Under Rule 6(d), when a party has the right or is required to act within a specified time after being served, 3 days are added if service is made:
Important: The 3-day extension does NOT apply to electronic service made through the court's electronic filing system. Under the 2016 amendments to FRCP 5(b)(2)(E), electronic service is complete upon transmission, with no additional days added.
California provides more detailed extensions based on service method and location:
| Service Method | Extension | Rule |
|---|---|---|
| Mail - Within California | +5 calendar days | CCP 1013(a) |
| Mail - Outside California | +10 calendar days | CCP 1013(a) |
| Mail - Outside United States | +20 calendar days | CCP 1013(a) |
| Electronic Service | +2 court days | CCP 1010.6(a)(4) |
| Overnight Delivery | +2 court days | CCP 1013(c) |
| Fax Transmission | +2 court days | CCP 1013(e) |
| Personal Service | No extension | CCP 1011 |
Proper documentation of service is essential for deadline calculations and enforcement:
A proof of service must state the date and manner of service. For electronic service via CM/ECF, the system automatically generates a Notice of Electronic Filing (NEF) that serves as proof of service. Paper filings require a certificate of service.
CCP 1013a requires a proof of service stating: the date and place of deposit, the name and address of each person served, and that the envelope was sealed and addressed. Electronic service requires an electronic receipt or confirmation.
Example 1 - Federal Mail Service: Motion served by mail on Monday, January 6. Base deadline is 14 days (January 20) plus 3 days for mail = January 23. If January 23 is a Thursday, no further adjustment needed.
Example 2 - California Electronic Service: Discovery served electronically on Monday, January 6. Base deadline is 30 days (February 5) plus 2 court days = February 7. Count court days, not calendar days, for the extension.
Missing a legal deadline can result in default judgments, waived claims, dismissed appeals, and malpractice liability. These are the most common errors attorneys and litigants make when calculating deadlines.
One of the most frequent errors is including the trigger date in the count when it should be excluded, or vice versa. Under both FRCP 6(a) and California CCP 12, the day of the triggering event is excluded - you start counting from the next day.
Example: If a complaint is served on January 10, you do NOT count January 10 as Day 1. January 11 is Day 1, and a 21-day deadline would fall on January 31.
Federal deadlines are calculated in calendar days, but some California deadlines (particularly motion opposition and reply periods) are calculated in court days. Court days exclude weekends and holidays.
Example: A 9-court-day California motion opposition deadline before a Friday hearing requires counting back, skipping weekends and holidays. This is very different from counting 9 calendar days.
Federal and California courts observe different holidays. A deadline falling on Cesar Chavez Day (March 31) extends in California state court but not in federal court. Similarly, Lincoln's Birthday (February 12) is a California holiday but not federal.
Solution: Maintain separate holiday calendars for each jurisdiction you practice in.
When you receive documents by mail, you typically get additional time to respond. Failing to add these extensions (3 days federal, 5-10 days California) can cause you to miss true deadlines. Conversely, incorrectly adding extensions to personal service can lull you into complacency.
Tip: Always note the method of service on your calendaring entry.
Local court rules often modify or supplement general procedural rules. Some districts require earlier filing, have different page limits, or impose additional requirements. The Northern District of California, for example, has specific briefing schedules that differ from the FRCP defaults.
Best Practice: Check local rules for every court where you file, and update your knowledge regularly.
Many attorneys believe electronic filing gives them until 11:59 PM. While this is technically true in most courts, relying on last-minute filing creates unnecessary risk. System outages, technical problems, and document formatting issues can cause late filings.
Recommendation: Treat 5:00 PM as your filing deadline, not midnight.
A single event often triggers multiple deadlines. Service of a complaint triggers deadlines for answer, motion to dismiss, removal to federal court, and initial disclosures. Calendar all related deadlines together, not just the most immediate one.
Post-judgment deadlines (appeals, motions for new trial) run from entry of judgment, not from announcement of the decision. The docket entry date controls, which may differ from when the court announced its ruling or when you received notice.
Critical: Check the docket for the actual entry date and use that for calculating deadlines.
Never rely on oral representations about deadlines, even from opposing counsel or court staff. Calculate deadlines independently from the applicable rules and document your calculation. If someone tells you a deadline, verify it yourself.
A single calendaring system is a single point of failure. Use multiple independent systems (case management software, Outlook, paper calendar, staff backup) to ensure deadlines are caught even if one system fails.
If you're uncertain about a deadline, take the more conservative interpretation. File early rather than late. Seek stipulated extensions before the deadline passes. Document your calculations. And when truly uncertain, consult the court clerk or file a protective motion.
These official sources and tools can help you verify deadline calculations and stay current on court rules and calendars.
Professional calendaring and deadline tracking tools used by law firms:
For complex deadline questions, case-specific calculations, or litigation representation in California courts, schedule a consultation with attorney Sergei Tokmakov.
Comprehensive answers to frequently asked questions about legal deadline calculations in federal and California state courts.
Under both federal and California rules, you exclude the day of the triggering event and begin counting from the next day. For example, if you are served with a complaint on Monday, January 6, you do NOT count January 6. Day 1 is Tuesday, January 7. This is codified in FRCP 6(a)(1)(A) for federal courts and CCP 12 for California courts. The only exception is when a specific rule states otherwise, which is rare.
In both federal and California courts, if the last day of a deadline period falls on a Saturday, Sunday, or legal holiday, the deadline automatically extends to the next day that is not a weekend or holiday. Under FRCP 6(a)(1)(C), the period "continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday." California CCP 12a has similar provisions. This extension is automatic - you don't need to file a motion or get court approval.
Calendar days include every day - weekdays, weekends, and holidays. Court days (sometimes called "business days" or "judicial days") exclude weekends and court holidays. Federal courts generally use calendar days for deadline calculations. California uses calendar days for most deadlines, but certain motion deadlines (like the 9-day opposition period under CCP 1005) are calculated in court days. When a rule specifies "court days," you must skip Saturdays, Sundays, and holidays in your count. Always check whether the specific rule says "days" or "court days."
Under FRCP 12(a)(1)(A), a defendant must serve an answer to a complaint within 21 days after being served with the summons and complaint. This 21-day period applies to standard personal service. If the defendant waives formal service under Rule 4(d), they receive a longer 60-day period (or 90 days if the defendant is served outside the United States). The United States and its agencies have 60 days to respond. Filing a pre-answer motion (like a motion to dismiss) suspends the answer deadline until 14 days after the court rules on the motion.
Under Federal Rules of Appellate Procedure 4(a)(1)(A), a notice of appeal must be filed within 30 days after entry of the judgment or order being appealed. This deadline extends to 60 days if the United States, a United States agency, or a United States officer is a party (FRAP 4(a)(1)(B)). Unlike most deadlines, the appeal deadline is jurisdictional - missing it cannot be excused even for good cause, though limited exceptions exist for excusable neglect or failure to receive notice of entry.
Under FRCP 6(d), when a party may or must act within a specified time after service and service is made by mail, 3 days are added after the period would otherwise expire. This extension does NOT apply to service through the court's CM/ECF electronic filing system, which is considered complete upon transmission. The 3-day extension also applies to service by leaving with the clerk if the person has no known address, or by other means consented to by the served party. Calculate the base deadline first, then add the 3 days.
Under CCP 412.20(a)(3), a defendant has 30 days to respond to a complaint after service of the summons and complaint. This response can be an answer, demurrer, or motion to strike. For unlawful detainer (eviction) cases, the timeline is expedited - only 5 days under CCP 1167. Cross-complaints require a response within 30 days. If the defendant is served by publication, they have 30 days from the date of the last publication.
California motion practice follows CCP 1005, which counts backward from the hearing date in court days (not calendar days). The moving papers must be filed and served at least 16 court days before the hearing. Opposition must be filed at least 9 court days before hearing. Reply must be filed at least 5 court days before hearing. These periods increase with mail service: add 5 days for in-state mail, 10 days for out-of-state mail, or 2 court days for electronic service. Summary judgment motions have different requirements under CCP 437c.
Under California Rules of Court 8.104, a notice of appeal must be filed within 60 days after the superior court clerk serves notice of entry of judgment, or within 60 days after the party filing the appeal serves or is served notice of entry, or within 180 days after entry of judgment - whichever occurs first. Cross-appeals must be filed within 20 days of the first notice of appeal. Like federal appeals, this deadline is jurisdictional and cannot be extended except in very limited circumstances.
In federal court, electronic service through CM/ECF is complete upon transmission, with no additional time added (FRCP 5(b)(2)(E)). In California, electronic service adds 2 court days to the response period (CCP 1010.6(a)(4)). California electronic service is complete when the serving party transmits the document if sent before 5:00 PM; if sent at or after 5:00 PM, service is deemed complete the next court day. The extension applies only if the recipient has consented to electronic service.
Many deadlines can be extended by stipulation of the parties or court order. In federal court, parties can agree to extend most deadlines without court approval, but the stipulation should be filed with the court. California similarly allows stipulated extensions for most deadlines. However, some deadlines are jurisdictional and cannot be extended - most notably, appeal deadlines, which are strictly enforced regardless of excuses. For discovery, both jurisdictions allow "meet and confer" agreements to extend deadlines. Always seek extensions before the deadline passes.
Relief for missed deadlines depends on the type of deadline and jurisdiction. In federal court, FRCP 6(b) allows courts to extend time for "excusable neglect" even after the deadline has passed for most deadlines. However, jurisdictional deadlines like appeals cannot be extended. In California, CCP 473 allows relief from defaults caused by attorney mistake, inadvertence, surprise, or neglect within 6 months. Courts are generally more sympathetic to first-time defaults than repeated failures. Acting quickly is essential - the longer you wait, the harder relief becomes.
In federal court, responses to interrogatories (FRCP 33), requests for production (FRCP 34), and requests for admission (FRCP 36) are due 30 days after service. In California, the standard response time for interrogatories (CCP 2030.260), requests for production (CCP 2031.260), and requests for admission (CCP 2033.250) is also 30 days. Service extensions apply on top of these deadlines. Note that case scheduling orders often set discovery cutoff dates that may effectively shorten these periods.
In federal court, summary judgment motions may be filed at any time until 30 days after close of discovery, unless the court orders otherwise (FRCP 56(b)). The opposition is due 21 days after the motion is served. In California, summary judgment motions must be heard at least 30 days before trial (CCP 437c(a)) and must be served at least 75 days before the hearing date. Opposition is due 14 days before hearing, and reply is due 5 days before hearing. California summary judgment has strict procedural requirements that differ significantly from federal practice.
Under 28 U.S.C. 1446(b), a notice of removal must be filed within 30 days after the defendant receives a copy of the initial pleading (through service or otherwise). If the case was not initially removable but becomes removable later (due to amended pleadings or dismissal of parties), a new 30-day window opens from the date the case became removable. However, a case may not be removed on diversity grounds more than 1 year after commencement of the action, unless the plaintiff acted in bad faith to prevent removal. This is a jurisdictional deadline that cannot be extended.
In federal court, motions for new trial (FRCP 59), motions to alter or amend judgment (FRCP 59(e)), and renewed motions for judgment as a matter of law (FRCP 50(b)) must all be filed within 28 days after entry of judgment. These deadlines cannot be extended. In California, motions for new trial must be filed within 15 days of notice of entry of judgment (CCP 659), and JNOV motions have similar deadlines (CCP 629). Filing these post-trial motions typically tolls the appeal deadline until the court rules on them.
Always verify your calculations using multiple methods: (1) Calculate manually using the applicable rules, (2) Use professional deadline calculation software like LawToolBox or CompuLaw, (3) Have a colleague independently verify your calculation, (4) Check local rules for any modifications to standard deadlines, (5) For important deadlines, call the court clerk's office to confirm court holidays and filing procedures. When in doubt, file early rather than cutting it close. Document your deadline calculations in your file in case questions arise later.
Need help with complex deadline calculations, litigation strategy, or court filings in California? Schedule a consultation with attorney Sergei Tokmakov.