An action shall be brought to trial within five years after the action is commenced against the defendant.
Dismissal for Delay in ProsecutionMandatory Time for Bringing Action to Trial Or New Trial
Section § 583.310
This law says that a lawsuit must go to trial within five years of when it's first filed against someone.
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Section § 583.320
This law outlines the deadlines for bringing a case back to trial if a new trial is granted. If the first trial ends in a mistrial or the jury can't decide, the case must be retried within three years of that event. If a new trial is granted after a judgment and no appeal is made, the case must be retried within three years of the order granting the new trial. If an appeal results in a new trial order or a reversed judgment, the case must be retried within three years after the appellate court's decision is officially recorded. However, this does not mean a new trial has to happen before any deadlines set by another related law, Section 583.310.
(a)CA Civil Procedure Code § 583.320(a) If a new trial is granted in the action the action shall again be brought to trial within the following times:
(1)CA Civil Procedure Code § 583.320(a)(1) If a trial is commenced but no judgment is entered because of a mistrial or because a jury is unable to reach a decision, within three years after the order of the court declaring the mistrial or the disagreement of the jury is entered.
(2)CA Civil Procedure Code § 583.320(a)(2) If after judgment a new trial is granted and no appeal is taken, within three years after the order granting the new trial is entered.
(3)CA Civil Procedure Code § 583.320(a)(3) If on appeal an order granting a new trial is affirmed or a judgment is reversed and the action remanded for a new trial, within three years after the remittitur is filed by the clerk of the trial court.
(b)CA Civil Procedure Code § 583.320(b) Nothing in this section requires that an action again be brought to trial before expiration of the time prescribed in Section 583.310.
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Section § 583.330
This law allows parties involved in a lawsuit to agree to give themselves more time to start the trial. They can do this either by signing a written agreement or by making an oral agreement in court that is recorded.
The parties may extend the time within which an action must be brought to trial pursuant to this article by the following means:
(a)CA Civil Procedure Code § 583.330(a) By written stipulation. The stipulation need not be filed but, if it is not filed, the stipulation shall be brought to the attention of the court if relevant to a motion for dismissal.
(b)CA Civil Procedure Code § 583.330(b) By oral agreement made in open court, if entered in the minutes of the court or a transcript is made.
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Section § 583.340
This law section explains that when calculating the deadline for bringing a case to trial, certain time periods do not count. Specifically, it excludes times when the court's authority was suspended, when the trial was delayed by a legal order, or when it was otherwise impossible or impractical to hold the trial.
In computing the time within which an action must be brought to trial pursuant to this article, there shall be excluded the time during which any of the following conditions existed:
(a)CA Civil Procedure Code § 583.340(a) The jurisdiction of the court to try the action was suspended.
(b)CA Civil Procedure Code § 583.340(b) Prosecution or trial of the action was stayed or enjoined.
(c)CA Civil Procedure Code § 583.340(c) Bringing the action to trial, for any other reason, was impossible, impracticable, or futile.
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Section § 583.350
This law says that if the deadline to start a trial is delayed or extended due to another law, and there are less than six months left when the delay ends, the case should not be dismissed as long as it goes to trial within those remaining six months.
If the time within which an action must be brought to trial pursuant to this article is tolled or otherwise extended pursuant to statute with the result that at the end of the period of tolling or extension less than six months remains within which the action must be brought to trial, the action shall not be dismissed pursuant to this article if the action is brought to trial within six months after the end of the period of tolling or extension.
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Section § 583.360
If a lawsuit doesn't start within a certain time frame, the court must dismiss it, either on its own or if the defendant requests it, after notifying everyone involved. These time limits are strict and can't be changed unless a specific law says otherwise.
(a)CA Civil Procedure Code § 583.360(a) An action shall be dismissed by the court on its own motion or on motion of the defendant, after notice to the parties, if the action is not brought to trial within the time prescribed in this article.
(b)CA Civil Procedure Code § 583.360(b) The requirements of this article are mandatory and are not subject to extension, excuse, or exception except as expressly provided by statute.
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