(a) Application This rule applies to the service of pleadings in civil cases except for collections cases under rule 3.740(a), unlawful detainer actions, proceedings under the Family Code, and other proceedings for which different service requirements are prescribed by law. (Subd (a) amended effective July 1, 2007; previously amended effective January 1, 2007.)
Rule 3.110.Time for service of complaint, cross-complaint, and response
Division 3. Filing and Service · Chapter 2. Time for Service · Last amended 2007 · Last verified July 29, 2026
In one sentenceRule 3.110 sets the deadlines that drive the opening weeks of a California civil case: 60 days to serve the complaint and file proof of service, 30 days for cross-complaints and amendments adding parties, and follow-on windows for extensions, defaults, and default judgments.
Full Text of Rule 3.110
(b) Service of complaint The complaint must be served on all named defendants and proofs of service on those defendants must be filed with the court within 60 days after the filing of the complaint. When the complaint is amended to add a defendant, the added defendant must be served and proof of service must be filed within 30 days after the filing of the amended complaint.
(c) Service of cross-complaint A cross-complaint against a party who has appeared in the action must be accompanied by proof of service of the cross-complaint at the time it is filed. If the cross-complaint adds new parties, the cross-complaint must be served on all parties and proofs of service on the new parties must be filed within 30 days of the filing of the cross-complaint.
(d) Timing of responsive pleadings The parties may stipulate without leave of court to one 15-day extension beyond the 30- day time period prescribed for the response after service of the initial complaint.
(e) Modification of timing; application for order extending time The court, on its own motion or on the application of a party, may extend or otherwise modify the times provided in (b)–(d). An application for a court order extending the time to serve a pleading must be filed before the time for service has elapsed. The application must be accompanied by a declaration showing why service has not been completed, documenting the efforts that have been made to complete service, and specifying the date by which service is proposed to be completed. (Subd (e) amended effective January 1, 2007.)
(f) Failure to serve If a party fails to serve and file pleadings as required under this rule, and has not obtained an order extending time to serve its pleadings, the court may issue an order to show cause why sanctions shall not be imposed. (Subd (f) amended effective January 1, 2007.)
(g) Request for entry of default If a responsive pleading is not served within the time limits specified in this rule and no extension of time has been granted, the plaintiff must file a request for entry of default within 10 days after the time for service has elapsed. The court may issue an order to show cause why sanctions should not be imposed if the plaintiff fails to timely file the request for the entry of default. (Subd (g) amended effective January 1, 2007.)
(h) Default judgment When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time. The court may issue an order to show cause why sanctions should not be imposed if that party fails to obtain entry of judgment against a defaulting party or to request an extension of time to apply for a default judgment within that time. (Subd (h) amended effective January 1, 2007.)
(i) Order to show cause Responsive papers to an order to show cause issued under this rule must be filed and served at least 5 calendar days before the hearing. (Subd (i) amended effective January 1, 2007.)
Plain-English Summary
Filing a complaint only starts the clock — Rule 3.110 tells the plaintiff how much time is left to reach the defendant. The complaint must be served on every named defendant, and proof of that service filed with the court, within 60 days of filing. Add a defendant later by amending the complaint, and the clock resets to 30 days for that new defendant. Cross-complaints move on the same short fuse: a cross-complaint against someone already in the case must show proof of service the moment it is filed, and a cross-complaint that pulls in new parties gives 30 days to serve them.
The rule also builds in flexibility and consequences. Parties can stipulate to one 15-day extension of the time to respond without asking the court, and a judge can extend or modify any of these deadlines on request, so long as the party asking explains what has been tried and when service will happen. Miss a deadline with no extension in hand, and the court can order the offending party to explain why it should not be sanctioned.
The back half of the rule pushes cases toward resolution when a defendant never shows up. A plaintiff facing an unmet response deadline must ask the court to enter default within 10 days, then follow up with a default judgment within 45 days of that entry. Both deadlines carry the same threat of an order to show cause if they slip, keeping default cases from sitting open indefinitely.
Frequently Asked Questions
How long do I have to serve a complaint in a California civil case?
Rule 3.110(b) gives a plaintiff 60 days from filing the complaint to serve every named defendant and file proof of that service with the court.
What happens if I add a new defendant by amending the complaint?
The added defendant gets a fresh 30-day clock, running from the filing of the amended complaint, rather than the original 60-day period.
Can the parties agree to more time to respond to a complaint?
Yes. Rule 3.110(d) lets the parties stipulate, without asking the court, to one 15-day extension beyond the usual 30 days to respond.
What happens if a defendant never responds and the plaintiff does nothing?
The court can issue an order to show cause why sanctions should not be imposed, both for missing the request-for-default deadline in Rule 3.110(g) and for missing the default-judgment deadline in Rule 3.110(h).
Does Rule 3.110 apply to every civil case?
No. It excludes collections cases under rule 3.740(a), unlawful detainer actions, and Family Code proceedings, along with any case governed by a different service deadline set elsewhere in the law.
Amendment History
Rule 3.110 amended effective July 1, 2007; adopted as rule 201.7 effective July 1, 2002; previously amended and renumbered effective January 1, 2007.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
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