California Rules of Court: The Civil Rules Litigants Look Up Most

Last updated: November 2026. Reviewed by Pavel Kolmogorov, California business litigation attorney (State Bar No. 321018).

The California Rules of Court are the statewide rules of practice and procedure for California's state courts. The Judicial Council of California adopts them, and they may not be inconsistent with statute. (Cal. Const., art. VI, § 6, subd. (d).) In a civil case they work alongside the Code of Civil Procedure: statutes set many deadlines, and the rules say how papers are prepared, filed, served, and heard.

Call (909) 235-6116 or contact us online if a rule or deadline in a California business case is unclear.

Where to read the rules and how they are organized

The Judicial Council publishes the full text: California Rules of Court. The digits before the decimal point give the title, so rule 3.1300 is in Title Three.

Title One: Rules Applicable to All Courts.
Title Two: Trial Court Rules.
Title Three: Civil Rules.
Title Four: Criminal Rules.
Title Five: Family and Juvenile Rules.
Title Six: reserved.
Title Seven: Probate Rules and Mental Health Rules.
Title Eight: Appellate Rules.
Title Nine: Rules on Law Practice, Attorneys, and Judges.
Title Ten: Judicial Administration Rules.

A superior court may add its own local rules. Rule 1.10 says how to count time. See also our guide to counting court days and our court forms page. These summaries follow the official text as it read in November 2026.

Rules for starting and managing a civil case

Rule 3.110: Time for service of complaint, cross-complaint, and response

Rule 3.110 sets the time to serve a complaint in most civil cases. The complaint must be served on all named defendants, and proofs of service filed, within 60 days after it is filed. A defendant added by an amended complaint must be served, with proof filed, within 30 days after the amended complaint is filed. A cross-complaint adding new parties has a similar 30-day limit. The parties may stipulate, without a court order, to one 15-day extension of the 30 days to respond to the initial complaint. If no response is served in time, the plaintiff must request entry of default within 10 days after that time has elapsed. See our deadlines quick guide.

Rule 3.300: Related cases

Rule 3.300 requires a party to tell the court about related cases. Cases are related if, among other things, they involve the same parties and similar claims, arise from substantially identical events that raise substantially identical questions of law or fact, or concern the same property. A party who learns of a related case in any state or federal court in California must serve and file a Notice of Related Case (form CM-015). It is due as soon as possible, and no later than 15 days after the facts become known. A response may be filed within 5 days after service.

Rule 3.400: Definition (complex cases)

Rule 3.400 defines a complex case. It is an action that requires exceptional judicial management to avoid unnecessary burdens on the court or the litigants and to keep costs reasonable. The court weighs factors such as numerous difficult pretrial motions, many witnesses, documents, or separately represented parties, and coordination with related actions in other courts. Class actions are among the claims treated as provisionally complex.

Under rule 3.401, a plaintiff may designate the case on the Civil Case Cover Sheet (form CM-010) filed and served with the initial complaint. Under rule 3.402, a defendant may counter-designate no later than its first appearance, and the court must decide within 30 days after that filing. Rule 3.403 lets the court decide on its own motion or a noticed motion.

Rule 3.724: Duty to meet and confer

Rule 3.724 requires the parties to meet and confer before the first case management conference. Unless the court orders another period, they must do so no later than 30 calendar days before the date set for the initial conference, in person or by telephone. They must consider every subject rule 3.727 lists for the conference itself, plus the following.

Discovery disputes and a discovery schedule.
Anticipated motions and their informal resolution.
Which facts and issues are uncontested, and which are in dispute.
Whether claims or defenses can be eliminated.
Whether settlement is possible.
The dates the parties and their attorneys are available for trial.
Electronically stored information, including preservation, form of production, privilege claims, and cost allocation.

Rule 3.722 directs the court to set the initial conference, with notice of the date at least 45 days ahead unless the court orders otherwise. Rule 3.725 requires each party to file and serve a Case Management Statement, on mandatory form CM-110, no later than 15 calendar days before the conference. Two or more parties may file a joint statement instead.

Rules for motion papers and hearings

See also rule 2.251 on electronic service, rule 3.1308 on tentative rulings, and rule 3.1312 on proposed orders.

Rule 3.1113: Memorandum (page limits)

Rule 3.1113 sets page limits for motion briefs. An opening or responding memorandum may not exceed 15 pages, or 20 pages on a motion for summary judgment or summary adjudication. A reply may not exceed 10 pages. The caption page, notice of motion, exhibits, declarations, attachments, tables, and proof of service do not count.

Rule 3.1203: Time of notice to other parties (ex parte applications)

Rule 3.1203 requires notice of an ex parte application to all parties no later than 10:00 a.m. on the court day before the appearance, unless exceptional circumstances justify shorter notice. In an unlawful detainer proceeding, shorter notice is allowed if reasonable.

Rule 3.1300: Time for filing and service of motion papers

Rule 3.1300 governs when motion papers are filed and served.

Subdivision (a): moving and supporting papers must be served and filed as Code of Civil Procedure section 1005 requires, unless otherwise ordered or provided by law.
Subdivision (b): the court may shorten those times on its own motion, or on an application supported by a declaration showing good cause.
Subdivision (c): proof of service of the moving papers must be filed no later than five court days before the hearing.
Subdivision (d): no paper may be rejected for filing because it is late. If the judge refuses to consider a late paper, the minutes or order must say so.
Subdivision (e): a paper submitted before the clerk's office closes on the due date is timely.

By statute, moving papers are generally due at least 16 court days before the hearing, the opposition nine court days before, and the reply five court days before. (Code Civ. Proc., § 1005, subd. (b).) Mail service within California adds five calendar days to the 16-day notice period. Under section 1010.6, electronic service adds two court days to the 16-court-day notice period. (Code Civ. Proc., § 1010.6, subd. (a)(3)(B).) A 2026 amendment removes that extension on January 1, 2027. (Stats. 2026, ch. 263.)

Rules for particular motions

Rule 3.1320: Demurrers

Rule 3.1320 is the rule on demurrers. Each ground must be in a separate paragraph and say whether it applies to the whole pleading or to specified causes of action or defenses. The hearing must be set not more than 35 days after the demurrer is filed, or on the first date available to the court after that. Unless the court orders otherwise, leave to answer or amend within 10 days is deemed granted after the ruling in most civil actions. Statutes generally require a meet and confer before a demurrer or motion to strike is filed. (Code Civ. Proc., §§ 430.41, subd. (a), 435.5, subd. (a).)

Rule 3.1322: Motions to strike

Rule 3.1322 covers motions to strike only. A notice of motion to strike part of a pleading must quote in full the portions to be stricken, unless it targets an entire paragraph, cause of action, count, or defense. The notice must be given within the time allowed to plead. If a demurrer is filed, the motion to strike must be given with it and heard at the same time.

Rule 3.1340: Motion for discretionary dismissal after two years for delay in prosecution

Rule 3.1340 allows a discretionary dismissal for delay in prosecution. The court, on its own motion or the defendant's, may dismiss an action not brought to trial or conditionally settled within two years after it was commenced against the defendant. On the court's own motion, the clerk must send notice to all parties at least 20 days before the hearing. A party's motion requires at least 45 days' notice under rule 3.1342.

Rule 3.1345: Format of discovery motions

Rule 3.1345 requires a separate statement with any motion involving the content of a discovery request or response. Examples include a motion to compel further responses to interrogatories, requests for admission, or inspection demands. For each request at issue, the statement must give the text of the request, each response or objection, and the factual and legal reasons for compelling a further response. Nothing may be incorporated by reference. No separate statement is required when no response was provided, or when the court allows a concise outline instead.

Rule 3.1350: Motion for summary judgment or summary adjudication

Rule 3.1350 sets the papers and format for a summary judgment motion. The moving party must file a notice of motion, a two-column separate statement of undisputed material facts, a memorandum, and evidence. The schedule is statutory: notice at least 81 days before the hearing, opposition at least 20 days before, and reply at least 11 days before. (Code Civ. Proc., § 437c, subds. (a)(2), (b)(2), (b)(4).)

Rules on costs, attorney fees, and appeals

Rule 3.1700: Prejudgment costs

Rule 3.1700 sets the deadline to claim court costs. A prevailing party must serve and file a verified memorandum of costs within 15 days after service of notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first. A motion to strike or tax costs is due 15 days after service of the memorandum, extended if it was served by mail or electronically.

Rule 3.1702: Claiming attorney's fees

Rule 3.1702 sets the deadline for a motion for attorney fees under a statute or contract. In an unlimited civil case, the notice of motion for fees through judgment must be served and filed within the time to appeal under rules 8.104 and 8.108. By stipulation filed before that time expires, the parties may extend it until 60 days after the time to appeal expires or, if a notice of appeal is filed, until the memorandum of costs is due under rule 8.278(c). The judge may extend it further for good cause.

Rule 8.104: Time to appeal

Rule 8.104 sets the normal time to appeal in an unlimited civil case. Unless a statute or another rule provides otherwise, the notice of appeal must be filed on or before the earliest of three dates.

60 days after the superior court clerk serves the appealing party with a document entitled "Notice of Entry" of judgment, or a filed-endorsed copy of the judgment, showing the date of service.
60 days after the appealing party serves, or is served by a party with, either document, accompanied by proof of service.
180 days after entry of judgment.

Except as rule 8.66 provides, no court may extend the time. A late appeal must be dismissed. Confirm each date against the rule itself.

Rule 8.108: Extending the time to appeal

Rule 8.108 can lengthen the rule 8.104 period when certain motions are filed, never shorten it. It applies, for example, when a party serves and files a valid notice of intention to move for a new trial, or a valid motion for judgment notwithstanding the verdict. If the motion is denied, the time to appeal from the judgment is extended until the earliest of the following.

30 days after the superior court clerk or a party serves the order denying the motion, or a notice of entry of that order, accompanied by proof of service.
30 days after denial of the motion by operation of law.
180 days after entry of judgment.

Motions to vacate a judgment and to reconsider an appealable order have their own periods. After a timely first appeal, the time for any other party to appeal from the same judgment is extended until 20 days after the clerk serves notification of that appeal. Read the rule itself before counting.

Frequently asked questions

What are the California Rules of Court?

They are the procedural rules the Judicial Council of California adopts for the state's trial and appellate courts. Some people search for them as California rules of civil procedure. Civil procedure is set mainly by statute, and the Rules of Court add the details of format, filing, service, and hearings.

What does rule 3.724 of the California Rules of Court require?

It requires the parties to a civil case to meet and confer no later than 30 calendar days before the initial case management conference, unless the court sets a different period. The written Case Management Statement is a separate requirement under rule 3.725.

What do rule 3.1300(b) and rule 3.1300(d) say?

Subdivision (b) covers orders shortening time. A judge may set shorter periods for filing and serving motion papers than section 1005 gives, on the court's own motion or on a declaration showing good cause. Subdivision (d) covers late papers. A late paper cannot be refused for filing, although the judge may decline to consider it.

What is a complex case under rule 3.400?

It is a lawsuit that needs exceptional management by the judge, for example because of the volume of motions, witnesses, documents, or separately represented parties. A plaintiff may flag the case on the Civil Case Cover Sheet. A defendant may disagree by its first appearance, and the court decides.

Talk to a California business litigation attorney

For help with a California business case, call (909) 235-6116 or contact us online. Kolmogorov Law, P.C. is located in Irvine, California, and represents businesses in Orange County, Los Angeles, and throughout California. Related: California civil jury instructions and small claims, limited, and unlimited civil cases.

This page provides general information about the California Rules of Court and is not legal advice. Reading it does not create an attorney-client relationship. The rules are amended periodically, so check the official Judicial Council text before relying on any rule.