California five-year rule: bringing an action to trial
Under CCP 583.310, an action must be brought to trial within 5 years after it is commenced. Enter the filing date. The calculator adds 6 months for cases filed on or before April 6, 2020, and any excluded days you enter.
- CCP 583.310
- CCP 583.340
- Emergency rule 10
Find your five-year date
Civil actions in California superior court.
The date the action was commenced.
Days excluded under CCP 583.340 or 583.350, such as time the case was stayed. Leave blank if none.
Holidays and court closures
California judicial holidays under CCP 135 are always skipped, including Lincoln's Birthday, Cesar Chavez Day and Native American Day.
For weather or emergency closures. Check the court's notice to confirm it extends deadlines.
How the deadline is counted
- Start on the filing date. The action is commenced when the complaint is filed.
- Add 5 years. The deadline is the same calendar date 5 years later.
- Add the COVID-19 extension if it applies. Emergency rule 10 extended the time by 6 months for civil actions filed on or before April 6, 2020.
- Add excluded time. CCP 583.340 excludes time when the court lacked jurisdiction, the action was stayed or enjoined, or trial was impossible, impracticable or futile.
- Use a safe date. If the date is a weekend or court holiday, the calculator moves it earlier to the last court day, so trial starts in time.
Worked examples
| Example | Complaint filed | Deadline |
|---|---|---|
| Filed before April 6, 2020 | Sun, Mar 1, 2020 | Fri, Aug 29, 2025 |
| Filed in 2021, no excluded time | Wed, Mar 31, 2021 | Mon, Mar 30, 2026 |
| Filed in 2022 with a 90-day stay | Wed, Jun 15, 2022 | Mon, Sep 13, 2027 |
What counts as bringing to trial
An action is brought to trial when the jury is impaneled and sworn or, in a court trial, when the first witness is sworn or evidence is introduced. Missing the date requires mandatory dismissal under CCP 583.360. The parties can extend the time by written stipulation or oral agreement in open court (CCP 583.330).
Excluded time is fact-specific. Whether a period counts under 583.340 often needs a court ruling. Treat the excluded days you enter as an estimate.
Common questions
What is the five-year rule in California?
CCP 583.310 requires a civil action to be brought to trial within 5 years after it is commenced, or it must be dismissed.
Did COVID-19 extend the five-year rule?
Yes. Emergency rule 10 added 6 months for civil actions filed on or before April 6, 2020, for a total of 5 years and 6 months.
Can the parties agree to extend it?
Yes, by written stipulation or by oral agreement made in open court, under CCP 583.330.
Sources
- Code of Civil Procedure, sections 583.310 to 583.360
- California Rules of Court, Emergency rule 10
Rules last checked October 2026. This calculator does not give legal advice. Confirm the date against the rule and any order in your case.