Published: 2015-07-08
Key Benefits:
An action shall be brought to trial within five years after the action is commenced against the defendant.
(Added by Stats. 1984, Ch. 1705, Sec. 5.)
(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.
(Added by Stats. 1984, Ch. 1705, Sec. 5.)
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.
(Added by Stats. 1984, Ch. 1705, Sec. 5.)
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.
(Added by Stats. 1984, Ch. 1705, Sec. 5.)
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.
(Added by Stats. 1984, Ch. 1705, Sec. 5.)
(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.
(Added by Stats. 1984, Ch. 1705, Sec. 5.)