California E-Service Between Parties Adds No Time From January 1, 2027
Not legal advice. Rules attested September 29, 2026; last full pass August 17, 2026. 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.
Electronic service between parties made on or after January 1, 2027 adds no time. AB 540 (Stats. 2026, ch. 263) rewrites CCP § 1010.6(a)(3) without the two-court-day extension and adds "excluding electronic service" to the overnight-delivery increases in sections 1005(b) and 437c(a)(2).
The year-end trap: for a hearing on Wednesday, January 27, 2027, the last day to e-serve is Monday, January 4, 2027. This site holds papers e-served in 2026 to the old 16 plus 2 court days, so those must go out by Wednesday, December 30, 2026.
Run that hearing in the motion calculator
Most of the time the change means e-service counts like personal service. The hard part is the turn of the year. The dates below come from the calculators, and each row's Calculate link opens one with the same inputs.
The 2027 court holidays these examples count around are projected from the statutes until this site re-checks them against the Judicial Council's published 2027 calendar. The 2027 holiday sheet lists them.
What the amended statutes say
AB 540 was approved by the Governor on September 18, 2026, as chapter 263 of the Statutes of 2026. It has no urgency clause, so it takes effect January 1, 2027. A regular-session statute "shall go into effect on January 1 next following a 90-day period from the date of enactment of the statute" (Cal. Const., art. IV, § 8(c)(1)).
The extension comes from CCP § 1010.6. The version in effect through December 31, 2026 says, in subdivision (a)(3)(B): "Any period of notice, or any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended after service by electronic means by two court days", with exceptions for a notice of intention to move for a new trial, a notice of intention to move to vacate under section 663a, and a notice of appeal. As amended, subdivision (a)(3) keeps only the rule for when e-service is complete: "If a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of that document is deemed complete at the time of the electronic transmission of the document or at the time that the electronic notification of service of the document is sent."
CCP § 1005(b) and CCP § 437c(a)(2) each gain the words "excluding electronic service" in the overnight-delivery clause. Section 1005(b) as amended: "if the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, excluding electronic service, the required 16-day period of notice before the hearing shall be increased by 2 calendar days."
Section 437c(a)(2) as amended: "If the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, excluding electronic service, the required 81-day period of notice shall be increased by 2 court days."
Motions: hearings in late January 2027
Under section 1005(b), the moving papers are served and filed at least 16 court days before the hearing. Papers e-served on or after January 1, 2027 need the same 16 court days as personally served papers.
| Hearing | Last day to e-serve | If e-served in 2026 (this site's reading) | Fax, express mail or overnight | Calculator |
|---|---|---|---|---|
| Tuesday, January 26, 2027 | Tuesday, December 29, 2026 | Same date. The last day falls in 2026, so the old two court days already apply. | Tuesday, December 29, 2026 | Calculate |
| Wednesday, January 27, 2027 | Monday, January 4, 2027 | By Wednesday, December 30, 2026. E-service after that and before January 1 gives short notice. | Thursday, December 31, 2026 | Calculate |
| Thursday, January 28, 2027 | Tuesday, January 5, 2027 | Any day through Thursday, December 31, 2026, the last court day of 2026. | Thursday, December 31, 2026 | Calculate |
| Friday, January 29, 2027 | Wednesday, January 6, 2027 | Any court day in 2026 is early enough. | Monday, January 4, 2027 | Calculate |
In the Wednesday, January 27, 2027 row, e-service on Monday, January 4, 2027 is on time, but under this site's reading e-service on Thursday, December 31, 2026 is short because it was made in 2026. The calculator shows both dates when this happens.
Picking a hearing from the day you serve
Run it the other way and the same reading moves the earliest hearing. Under it, papers e-served on Thursday, December 31, 2026 can be heard no earlier than Thursday, January 28, 2027. Papers e-served on Monday, January 4, 2027 can be heard as early as Wednesday, January 27, 2027, which is earlier.
| E-served on | Earliest hearing | Calculator |
|---|---|---|
| Wednesday, December 30, 2026 | Wednesday, January 27, 2027 | Calculate |
| Thursday, December 31, 2026 | Thursday, January 28, 2027 | Calculate |
| Monday, January 4, 2027 | Wednesday, January 27, 2027 | Calculate |
Summary judgment
Section 437c(a)(2) requires notice "at least 81 days before the time appointed for hearing." With "excluding electronic service" added, an MSJ e-served on or after January 1, 2027 needs the plain 81 days. When the 81 days run back into early January 2027, the calculator flags the same year-end trap.
| Hearing | Trial | Last day to e-serve | Fax, express mail or overnight | Calculator |
|---|---|---|---|---|
| Friday, March 26, 2027 | Monday, May 3, 2027 | Monday, January 4, 2027. If e-served in 2026, by Wednesday, December 30, 2026. | Wednesday, December 30, 2026 | Calculate |
| Monday, June 14, 2027 | Monday, July 19, 2027 | Thursday, March 25, 2027 | Tuesday, March 23, 2027 | Calculate |
Responses: discovery served in late 2026
Responses to interrogatories are due 30 days after service. (CCP § 2030.260(a).) Counting forward, the old rule gives more time, not less. A set e-served in 2026 keeps the two court days in the calculator, but where the extended date falls in 2027 the result also names the date without them. That is the safe date, and it is the one to calendar.
| E-served on | Date the calculator shows | Safe date | Served the same day by overnight delivery | Calculator |
|---|---|---|---|---|
| Tuesday, December 1, 2026 | Tuesday, January 5, 2027 | Thursday, December 31, 2026 | Tuesday, January 5, 2027 | Calculate |
| Monday, December 28, 2026 | Friday, January 29, 2027 | Wednesday, January 27, 2027 | Friday, January 29, 2027 | Calculate |
| Monday, January 4, 2027 | Wednesday, February 3, 2027 | Same date. Nothing is added. | Friday, February 5, 2027 | Calculate |
Served in 2026, due in 2027
AB 540 has no transition clause. Nothing in it says which rule governs a document e-served in 2026 when the period it starts runs into 2027. The default rule of the Code of Civil Procedure is CCP § 3: "No part of it is retroactive, unless expressly so declared." Whether applying the amended section to a period that began with service in 2026 counts as retroactive is the open question, and neither AB 540 nor section 3 answers it.
This site's reading
The calculators key the change to the date of service and take whichever reading cannot hurt you. Counting back from a hearing, e-service in 2026 is held to the old rule, which gives more notice. Counting forward to a response, the date keeps the old extension, but the result also names the date without it as the safe one. Counting forward to the earliest hearing or deposition, 2026 service keeps the extension, which can only make that date later. None of this is a holding. The methodology page describes the same approach.
Documents the court serves electronically
Everything above is about service between parties. Section 1010.6(d) also covers documents the court serves electronically, and AB 540 changes its last sentence. The version in effect through December 31, 2026 says: "The electronic service of documents by the court shall have the same legal effect as service by mail, except as provided in paragraph (3) of subdivision (a)." As amended: "The electronic service of documents by the court shall have the same legal effect as service by mail."
Read literally, the amended sentence could bring in the mail days of section 1013(a) for a document the clerk e-serves. The bill does not address it, and the question is unsettled. The protective course is to count without the mail days.
What AB 540 leaves alone
- E-service on a weekend or court holiday is still deemed served on the next court day. Section 1010.6(a)(4) is unchanged: "Any document that is served electronically on a noncourt day shall be deemed served on the next court day."
- Mail still adds time. AB 540 does not amend CCP § 1013. Under section 1013(a), mail within California adds 5 calendar days, 10 when either end is elsewhere in the United States, 12 for an address in the Secretary of State's address confidentiality program, and 20 when either end is outside the United States.
- Fax, express mail and overnight delivery still add time, in different units. A section 1005(b) motion notice gets 2 calendar days. A section 437c(a)(2) summary judgment notice gets 2 court days. A response period after express mail or overnight delivery gets 2 court days under section 1013(c). Fax service under section 1013(e) also adds 2 court days, and is allowed only where the parties agree and confirm that in writing.
- Discovery keeps the section 1013 extensions. CCP § 2016.050 still says: "Sections 1011 and 1013 apply to any method of discovery or service of a motion provided for in this title."
- The base periods stay put: 16 court days of notice for a motion, 9 for the opposition and 5 for the reply under section 1005(b), and 81 days for summary judgment under section 437c(a)(2).
- Rule 2.251 of the California Rules of Court adds no time of its own. Under rule 2.251(i)(1), electronic service "is complete as provided in Code of Civil Procedure section 1010.6 and the rules in this chapter."
The calculators that count around these dates: civil motions, summary judgment, discovery responses and depositions. The 2027 court holidays page lists the closures a court-day count skips. A last day that lands on one moves to the next court day.
FAQ
Does electronic service add two court days in California in 2027?
Not for e-service between parties made on or after January 1, 2027. AB 540 (Stats. 2026, ch. 263) rewrites CCP section 1010.6(a)(3) so it says only when electronic service is complete, and adds "excluding electronic service" to the overnight-delivery increases in sections 1005(b) and 437c(a)(2). E-served papers then need the same notice as personally served ones. For e-service in late 2026 whose period runs into 2027, see the next two answers. Documents the court serves electronically are a separate question, answered last.
What about discovery e-served in December 2026 that is due in January 2027?
AB 540 has no transition clause, so the statute does not say. The discovery calculator keeps the two court days for service made in 2026 and also names the date without them as the safe one. Interrogatories e-served on Monday, December 28, 2026 show Friday, January 29, 2027, with Wednesday, January 27, 2027 as the safe date. Keying the change to the date of service is this site's reading, not a holding. The safe date is the one to calendar.
Why can e-service in December 2026 be too late when e-service in January 2027 is on time?
Because this site holds e-service to the rule in effect on the day it is made. For a hearing on Wednesday, January 27, 2027, the 16th court day back is Monday, January 4, 2027, and e-service that day adds nothing. E-service in 2026 is held to the old 16 plus 2 court days, which puts its last day at Wednesday, December 30, 2026. So e-service on Thursday, December 31, 2026 gives short notice even though it is earlier. That reading was chosen because it gives more notice. It is not a holding.
Does overnight delivery still add time to a motion notice?
Yes. AB 540 excludes only electronic service. Under section 1005(b), fax, express mail and other overnight delivery add 2 calendar days to the 16 court days of notice. Under section 437c(a)(2), they add 2 court days to the 81 days of a summary judgment notice. For a response period, section 1013(c) extends the time by 2 court days after express mail or overnight delivery.
Does mail service still add five days?
Yes. AB 540 does not amend section 1013. Mail within California adds 5 calendar days, 10 when either end is elsewhere in the United States, 12 for an address in the Secretary of State's address confidentiality program, and 20 when either end is outside the United States. Section 1005(b) sets the same increases for a motion notice. Section 437c(a)(2) sets 5, 10 and 20 days for summary judgment.
Is a document e-served on a weekend still deemed served on the next court day?
Yes. AB 540 leaves section 1010.6(a)(4) alone: "Any document that is served electronically on a noncourt day shall be deemed served on the next court day." What changes is that, for service between parties, nothing is added after that day.
Does the change reach documents the court serves electronically?
AB 540 changes the sentence that governs them. As amended, the last sentence of section 1010.6(d) reads: "The electronic service of documents by the court shall have the same legal effect as service by mail." The old exception for paragraph (3) of subdivision (a) is gone. Whether that brings in the section 1013(a) mail days for a document the clerk e-serves is unsettled. The protective course is to count without them.
Related: Civil motion deadlines · MSJ deadlines · Discovery responses · Court holidays 2027 · Methodology
Rules verified September 29, 2026 · CCP amendments through January 1, 2026, and AB 540 (Stats. 2026, ch. 263) from January 1, 2027 · engine v1.3.0