California Deposition Deadlines: the 10-Day Rule and What Extends It
Not legal advice. Rules attested September 29, 2026; last full pass August 17, 2026. The deposition rules added or changed on September 28, 2026 are awaiting attorney sign-off and are not yet in the methodology table. The discovery cutoffs and the expert exchange, which move to the next court day closer to trial under CCP § 2016.060 since September 29, 2026, are awaiting sign-off too. Verify every date yourself. Read the full disclaimer
Each verified rule carries its own date on the methodology page, all of them September 29, 2026: the date the maintaining attorney last attested it. The last full pass, signed off on August 17, 2026, checked the rules against their official sources (the code, the California Rules of Court, or for court holidays the Judicial Council calendar), with the exceptions listed on the about page. Rules still awaiting sign-off are listed on the methodology page as not yet verified. County local rules are paraphrased summaries. Individual department and judge standing orders are included only where the court publishes them and we have read the document, so assume your own department has requirements beyond what you see here. Verify every date against the operative code sections, your court's rules and your department's own order before relying on it. Using this site creates no attorney-client relationship.
Three tracks here: noticing a deposition, objecting to one, and the expert chain, which also has its own page because the exchange date gates everything after it. Subpoenaing business records runs on different statutes and has its own calculator.
Your dates
The 10-day rule, plus the service extension
An oral deposition must be scheduled for a date at least 10 days after service of the notice. CCP § 2025.270(a). Unlawful detainer uses 5 days. CCP § 2025.270(b).
Mail and overnight delivery add their usual time, because CCP § 2016.050 applies CCP § 1013 to every method of discovery. Electronic service made through December 31, 2026 adds 2 court days under CCP § 1010.6(a)(3)(B), and from January 1, 2027 it adds nothing. A deposition set on short notice is objectionable under CCP § 2025.410.
How the math works
Step 1: the 10-day floor
An oral deposition must be scheduled for a date at least 10 days after service of the notice (CCP 2025.270(a)). Unlawful detainer uses 5 days, and the deposition must be no later than 5 days before trial (CCP 2025.270(b)).
Step 2: add the service extension
Section 1013 extends "any period of notice" after service by mail or overnight delivery, and CCP 2016.050 makes it apply to "any method of discovery" in the Civil Discovery Act. A deposition is one of those methods (CCP 2019.010(a)). Mail adds 5 calendar days when it is sent and addressed within California, 10 when either end is elsewhere in the United States, and 20 when either end is outside the country. Overnight delivery adds 2 court days. Electronic service made through December 31, 2026 adds 2 court days under CCP 1010.6(a)(3)(B). AB 540 (Stats. 2026, ch. 263) removes that extension for e-service on or after January 1, 2027.
The subpoena statutes, CCP 1985.3(b) and 1985.6(b), spell the 1013 time out in their own text. They sit outside the Civil Discovery Act, so section 2016.050 does not reach them.
Step 3: the roll
If the resulting date is a weekend or judicial holiday it rolls forward to the next court day (CCP 12a).
Step 4: the objection deadline runs the other way, and in calendar days
The deponent must serve written objections at least 3 calendar days before the deposition (CCP 2025.410(a)). Calendar days, so weekends and holidays count, and there is no roll. Serve on exactly the third day and you must serve personally under CCP 1011. Miss it and you waive every irregularity in the notice.
The cutoff constrains all of it
Fact discovery must be completed 30 days before the initial trial date, and for a deposition completed means taken, not noticed. Expert discovery gets until 15 days before. Both run from the date initially set for trial, and a continuance does not reopen discovery by itself. See the discovery cutoff calculator for the whole chain.
FAQ
How many days notice is required for a deposition in California?
An oral deposition must be scheduled for a date at least 10 days after service of the deposition notice (CCP 2025.270(a)). Unlawful detainer and related proceedings use 5 days, and the deposition must be no later than 5 days before trial (CCP 2025.270(b)). If the resulting date falls on a weekend or judicial holiday it rolls forward to the next court day.
Does mail service extend the 10-day deposition notice period?
Yes. CCP 2016.050 makes CCP 1013 apply to any method of discovery in the Civil Discovery Act, and a deposition is one. A notice mailed within California therefore needs 10 days plus 5 calendar days, and overnight delivery adds 2 court days. Electronic service made through December 31, 2026 adds 2 court days under CCP 1010.6(a)(3)(B); from January 1, 2027 it adds nothing. A deposition set on shorter notice is objectionable under CCP 2025.410.
How many days do you have to object to a deposition notice in California?
The deponent must serve written objections at least 3 calendar days before the deposition (CCP 2025.410(a)). Calendar days, so weekends and holidays count and there is no roll. If you serve on exactly the third day you must serve personally under CCP 1011. Failing to object waives every error and irregularity in the notice.
When is a motion to compel deposition answers due?
Within 60 days after completion of the record of the deposition, with a meet and confer declaration (CCP 2025.480(b)). Weinstein v. Blumberg (2018) 25 Cal.App.5th 316 held a motion untimely where the supporting papers were not served inside the 60 days. Where a non-party responds to a records subpoena with objections, the record is complete at that point and the clock starts then (Board of Registered Nursing v. Superior Court (2021) 59 Cal.App.5th 1011).
How many days notice for a deposition subpoena for business records?
A subpoena for business records only must set production no earlier than 20 days after it issues or 15 days after it is served on the custodian, whichever is later (CCP 2020.410(c)). For consumer or employee records, also serve the consumer or employee at least 10 days before production and at least 5 days before you serve the custodian, each plus the CCP 1013 extension if by mail (CCP 1985.3(b), 1985.6(b)). Those four clocks have their own calculator.
Related: Expert witness deadlines · Records subpoena deadlines · Discovery cutoff & trial deadlines · Ex parte deadlines · Trial countdown calculator