California Deposition Deadlines: the 10-Day Rule and What Extends It
Not legal advice. Rules checked against the code on August 20, 2026. Verify every date yourself. Read the full disclaimer
Core CCP rules were checked against Westlaw (via CoCounsel legal research) on August 20, 2026. County local rules are paraphrased summaries; individual department standing orders are NOT included. Verify every date against the operative code sections and your court’s rules 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. Subpoenaing business records runs on different statutes and has its own calculator.
Your dates
The 10-day rule, and the part nobody has decided
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).
The law is unsettled on whether the mail and e-service extensions lengthen the deposition notice period.
This calculator shows both dates whenever the method of service carries an extension, and recommends the later one. Five extra days cost nothing; a defective notice is objectionable under CCP § 2025.410 and can cost you the deposition.
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: whether the service extension applies, which is unsettled
Section 1013(a) extends “any period of notice,” and Lecuyer v. Sunset Trails Apts. (2004) 120 Cal.App.4th 920 applied it to the analogous 10-day CCP 998 notice period. But CCP 1985.3(b) and 1985.6(b) expressly write the 1013 extension into the subpoena notice periods, and 2025.270 does not, which suggests the omission was deliberate. No published California decision decides it. We show both dates and recommend the later one, because a defective notice is objectionable under CCP 2025.410 and five extra days cost nothing.
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?
Unsettled. No published California decision decides it. Section 1013(a) extends any period of notice by its terms, and Lecuyer v. Sunset Trails Apts. (2004) 120 Cal.App.4th 920 applied it to the analogous 10-day CCP 998 notice period. Cutting the other way, CCP 1985.3(b) and 1985.6(b) expressly write the 1013 extension into the subpoena notice periods and 2025.270 does not, which suggests the omission was deliberate. This calculator shows both dates and recommends the later one, because a defective notice is objectionable under CCP 2025.410 and five extra days cost nothing.
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?
Serve the consumer or employee at least 10 days before the production date, plus the CCP 1013 extension if by mail, and at least 5 days before you serve the custodian of records. Separately, if you are the subpoenaing party and the deponent must produce consumer or employee records, the deposition must be set at least 20 days after issuance of the subpoena, which runs from issuance rather than service. Those three clocks have their own calculator.
Related: Records subpoena deadlines · Discovery cutoff & trial deadlines · Ex parte deadlines · Trial countdown calculator