California courts
What is the deadline for limitation: medical malpractice, three-year outside limit?
The period for limitation: medical malpractice, three-year outside limit normally runs 3 years from the date of injury, under Code of Civil Procedure s 340.5. The period is measured in calendar years.
Calculate my deadline- Period
- 3 years
- Trigger
- The date of injury
- Rule
- Code of Civil Procedure s 340.5
California rules as encoded, holiday calendar verified
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Calculate your deadline
Enter the date of the date of injury. See the date, cited rule and counting steps.
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Which date starts the 3 years period?
The period runs from the date of injury.
Count forward from the trigger event. Confirm the event on the docket or in the service record before entering a date.
Read California Rules of Courtthe time for the commencement of action shall be three years after the date of injury ... In no event shall the time for commencement of legal action exceed three years unless tolled for any of the following: (1) upon proof of fraud, (2) intentional concealment, or (3) the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injured person.
Code of Civil Procedure s 340.5
This period runs from the specific event in the cited rule. Do not substitute a nearby date such as a hearing, a courtesy copy or the day you first learned of it.
Which date do I enter?How are the 3 years counted?
- Exclude the day of the trigger event.
- Count every following day, including intermediate Saturdays, Sundays and legal holidays.
- If the last day is a Saturday, Sunday or California legal holiday, continue to the next day that is not one of those.
Exclude the trigger day and count calendar days under Code of Civil Procedure ss 12, 12a, 12b, 12c.
If the final day is a Saturday, Sunday or legal holiday in the California calendar, the computation rule carries it to the next open day.
California computes time under Code of Civil Procedure ss 12, 12a, 12b, 12c. The applied calendar bundles the state legal holidays for the covered years; court-specific closures and emergency orders are not bundled.
Read Code of Civil Procedure ss 12, 12a, 12b, 12cThe calculation gives the ordinary national-rule date. Check relevant holidays, the court’s accessibility and its filing cutoff separately.
Review the filing checklistWhat does a worked calculation look like?
Fictitious example
Assume the date of injury on Tuesday, September 1, 2026 (the date of injury on this date, with no order, motion or extension affecting the period), with no order, motion, extension or local closure affecting the result. Exclude the trigger day and count calendar days under Code of Civil Procedure ss 12, 12a, 12b, 12c. The last counted day falls on a weekend or legal holiday, so the deadline moves to the next open day. The example assumes no local rule, order or closure changes the default period.
| Step | What is counted | Date |
|---|---|---|
| Trigger | Do not count this day | September 1, 2026 |
| Period ends | 3 years measured under the cited rule | September 3, 2029 |
Can an order, motion or extension change the deadline?
- Extensions
- The three years is extended ONLY on proof of fraud, intentional concealment, or the presence of a non-therapeutic foreign body. There is no general judicial power to extend. CCP 364(d) adds 90 days where the pre-suit notice is served within 90 days of expiry.
- Orders and local rules
- A scheduling order, stipulation approved by the court, standing order or local rule can set a different period and controls over the national default.
- The three years is extended ONLY on proof of fraud, intentional concealment, or the presence of a non-therapeutic foreign body. There is no general judicial power to extend. CCP 364(d) adds 90 days where the pre-suit notice is served within 90 days of expiry.
- A stipulation, scheduling order, standing order or local rule can set a different period and controls over the national default.
What should I check before filing?
These checks help you review the result. They do not activate a calendar date or certify that the deadline applies.
Common questions
Find answers about when this 3 years period starts, how it is counted, what can change it and how to keep your calculation.
Starting the clock
Does the clock start on the date of injury, or when I first learned of it?
The period runs from the date of injury as the rule defines it, not from the day you read about it, received a courtesy copy or attended a hearing. Use the date shown on the docket or in the service record.
Counting days and filing
Which time zone and filing cutoff apply?
California filing rules and the court’s electronic filing system set the cutoff. This calculator does not verify filing hours or system availability.
Code of Civil Procedure ss 12, 12a, 12b, 12cWhat if the court is inaccessible on the last day?
Code of Civil Procedure ss 12, 12a, 12b, 12c and the court’s administrative orders govern an inaccessible clerk’s office. Check the court’s notices. This calculator does not predict a closure.
Code of Civil Procedure ss 12, 12a, 12b, 12cExtensions and local rules
Can the court extend this deadline?
The three years is extended ONLY on proof of fraud, intentional concealment, or the presence of a non-therapeutic foreign body. There is no general judicial power to extend. CCP 364(d) adds 90 days where the pre-suit notice is served within 90 days of expiry. A request does not itself extend the period, and no discretionary extension is calculated here.
Do local rules, standing orders or a scheduling order change the date?
They can. Many courts set their own periods by local rule, standing order or case-specific order, and those control over the national default. This calculator gives the national-rule date only; compare it with any order in the case before relying on it.
Choosing the right calculator
Does this calculator decide whether the rule applies to my case?
No. It calculates a period from the date you provide under the cited rule. It does not decide whether the rule governs your filing, whether an exception applies, or whether the filing has merit. Those questions need separate review.
Can I calculate the deadline without an account?
Yes. Enter the trigger date to see the free national-rule calculation, citation, counting steps and warnings. You can add court context after the result. Missing court review keeps the result provisional.
Results, records and your case
What is included in an Evidence Record?
The retained inputs, result, cited rule, calculation working, warnings and review state. The PDF includes a payload digest and retained-data appendix, and the record can be verified against its fingerprint later. It records the calculation, not a guarantee of legal correctness.
Does saving to a case activate the calendar?
Not automatically. Provisional records remain subject to review. A separately labeled manual date does not alter the original calculation.
Official sources and review
The period and the counting method come from different provisions. The official source is the court’s published rules; the reading links open the rule text at the Legal Information Institute.
| Provision | Purpose |
|---|---|
| Code of Civil Procedure s 340.5 | Trigger and period |
| Code of Civil Procedure ss 12, 12a, 12b, 12c | Counting, holidays and the last day |
Rule record reviewed . Guide sources checked . Next source check .
Published by Deadline Engine. This tool calculates the ordinary period under the cited rule. It does not decide whether the rule applies, obtain an extension or file anything for you.