SECTIONS 583.310-583.360 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 583.310-583.360

583.310. An action shall be brought to trial within five years
after the action is commenced against the defendant.

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) 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) 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) 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) Nothing in this section requires that an action again be
brought to trial before expiration of the time prescribed in Section
583.310.

583.330. The parties may extend the time within which an action
must be brought to trial pursuant to this article by the following
means:
(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) By oral agreement made in open court, if entered in the
minutes of the court or a transcript is made.

583.340. 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) The jurisdiction of the court to try the action was suspended.
(b) Prosecution or trial of the action was stayed or enjoined.
(c) Bringing the action to trial, for any other reason, was
impossible, impracticable, or futile.

583.350. 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.

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) The requirements of this article are mandatory and are not
subject to extension, excuse, or exception except as expressly
provided by statute.