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Apr. 27, 2026

The notice minefield: Calendar days verses court days

Extensions of time for service vary by method and document--and the differences, governed by more than one statute, are not always intuitive. Attorneys should carefully review the applicable statute to ensure proper calculation of notice periods.

Reuben Ginsburg

Appellate Specialist
Michelman & Robinson, LLP

Ginsburg is chair of the California Lawyers Association Litigation Section's Jury Instructions Committee.

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Peter L. Steinman

Senior Partner
Michelman & Robinson LLP

Commercial, business, real estate, insurance coverage, entertainment and sports-related matters in both state and federal courts

Phone: (310) 299-5500

Email: psteinman@mrllp.com

Georgetown Univ Law Ctr; Washington DC

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The notice minefield: Calendar days verses court days
Shutterstock

Extensions of time for various service methods are governed by more than one statute. The extensions differ depending on the method of service and the document served, and the differences are not always intuitive. For example, the extension for electronic service of a notice of motion--two court days under Code of Civil Procedure section 1010.6(a)(3)(B)--is longer than the extension for service of the same document by express mail--two calendar days under sectio...

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