Deadlines depend on the case.
Timing rules differ by case type, the papers being served and the court, and a court can extend or modify some of them. Use the dates in your own case papers and court instructions. The rules below are common examples, not a calculation for your matter.
When you request service, give the team the exact date and time you are working toward, and say whether it is a service deadline, a filing deadline or a hearing date.
Civil cases: the 60-day expectation.
In many civil cases, California Rules of Court, rule 3.110(b) requires the complaint to be served on all named defendants, and proofs of service to be filed, within 60 days after the complaint is filed. If an amended complaint adds a defendant, that defendant must be served and proof filed within 30 days after the amended complaint is filed.
The rule does not apply to collections cases under rule 3.740(a), unlawful detainer actions, Family Code proceedings or other proceedings with different service requirements. The court can extend or modify these times. An application to extend the time to serve must be filed before the time has passed, with a declaration explaining why service is not complete and the efforts made.
California Courts’ self-help guide adds that the court can give more time to serve, but you need to be actively trying to have the papers served.
The three-year outer limit.
Separately, Code of Civil Procedure section 583.210 requires the summons and complaint to be served on a defendant within three years after the action is commenced, which the statute defines as the date the complaint is filed. Proof of service of the summons must be filed within 60 days after that service deadline.
The 60-day rule of court and the three-year statute run on different timelines. Under rule 3.110(f), if a party does not serve and file as required and has no order extending time, the court may issue an order to show cause why sanctions should not be imposed.
Small claims: count back from the hearing.
In small claims, Code of Civil Procedure section 116.340 requires service of the claim and order to be completed at least 15 days before the hearing if the defendant resides in the county where the case was filed, or at least 20 days before the hearing if the defendant resides outside that county. Proof of service must be filed with the small claims court at least five days before the hearing.
Substituted service is not complete until 10 days after mailing, so California Courts explains that substituted service has to be done 10 days before the service deadline. The self-help guide recommends serving as soon as you can. Small claims papers generally have to be served in California, with limited exceptions in the statute.
When is service complete?
Some methods are complete on the day of delivery; others become complete later. That difference matters when a deadline is close.
For notice and acknowledgment, the signature date controls, not the mailing date. If the acknowledgment is never returned, service is not complete under that method.
| Method | Service is complete | Where the rule comes from |
|---|---|---|
| Personal service | At the time of delivery. | CCP § 415.10 |
| Substituted service | On the 10th day after the papers are mailed. | CCP § 415.20 |
| Notice and acknowledgment by mail | On the date the acknowledgment is signed, if it is then returned to the sender. | CCP § 415.30 |
| Small claims mail sent by the clerk | On the date the defendant signs the mail return receipt. | CCP § 116.340 |
| Publication | 28 days from the first publication date, as described by California Courts. | A court order under CCP § 415.50 |
Plan the request around the deadline.
Allow time for attempts, any mailing period and the return of the Proof of Service before the filing date. A Rush or Same-Day pricing tier changes the requested timing and rate; it does not change the legal deadline or guarantee completion.
- The date the complaint or claim was filed
- The hearing date, if one is set
- The deadline you are working to and where it comes from
- Any court order that sets or extends a deadline
- Whether proof of service must be filed by a particular date
Filing the proof is a separate step.
Receiving a signed Proof of Service and filing it with the court are separate tasks, and rule 3.110 and section 116.340 each set a time for the filing. Confirm who is filing the proof and when, and keep the filed copy or filing confirmation with your matter.
Official sources.
Follow the instructions for your case and check the relevant court’s current requirements. These links provide the official information referenced in this guide; Affid is not affiliated with the courts.
This guide summarizes common timing rules to help you plan a request. It is not legal advice. Deadlines depend on the case type, the papers, the court and any court order, so check the court’s instructions or ask your legal adviser for the dates that apply to you.
