Code Civ. Proc., § 583.420 · Article 4. Discretionary Dismissal for Delay
Code Civ. Proc., § 583.420
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) The court may not dismiss an action pursuant to this article for delay in prosecution except after one of the following conditions has occurred:
(1) Service is not made within two years after the action is commenced against the defendant.
(2) The action is not brought to trial within the following times:
(A) Three years after the action is commenced against the defendant unless otherwise prescribed by rule under subparagraph (B).
(B) Two years after the action is commenced against the defendant if the Judicial Council by rule adopted pursuant to Section 583.410 so prescribes for the court because of the condition of the court calendar or for other reasons affecting the conduct of litigation or the administration of justice.
(3) A new trial is granted and the action is not again brought to trial within the following times:
(A) 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 two years after the order of the court declaring the mistrial or the disagreement of the jury is entered.
(B) If after judgment a new trial is granted and no appeal is taken, within two years after the order granting the new trial is entered.
(C) 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 two years after the remittitur is filed by the clerk of the trial court.
(b) The times provided in subdivision (a) shall be computed in the manner provided for computation of the comparable times under Articles 2 (commencing with Section 583.210) and 3 (commencing with Section 583.310).
Notes and commentary — not statutory text
History
Added by Stats. 1984, Ch. 1705, Sec. 5.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=583.420.
- Text hash
- sha256 d7b538e9c668280ec877abf35e68a8f1c742c5d2b2d2ef24eb46f5aa9af9a675
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Civil Procedure
- Code Civ. Proc., pt. 2, tit. 8, ch. 1.5, art. 2Mandatory Time for Service of SummonsPrinted as Articles 2 (commencing with Section 583.210) and 3 (commencing with Section 583.310)
- Code Civ. Proc., pt. 2, tit. 8, ch. 1.5, art. 3Mandatory Time for Bringing Action to Trial or New TrialPrinted as Articles 2 (commencing with Section 583.210) and 3 (commencing with Section 583.310)
- Code Civ. Proc., § 583.410Printed as Section 583.410
Cited by 3 provisions
Provisions in this library whose text cites Code Civ. Proc., § 583.420. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.