(a) When an act to be done in any action or proceeding in any court of this state or before any state administrative agency, as provided by law or rule, relates to the pleadings in the action, or the preparation of bills of exceptions, or of amendments thereto, or to the service of notices (other than of appeal, of intention to move for a new trial, and of intention to move to vacate a judgment), and such act is not a motion for a judgment notwithstanding the verdict, the time allowed therefor, unless otherwise expressly provided, shall be extended to a date certain by the judges of the court or by the agency in which the action or proceeding is pending, or by the judge who presided at the trial of the action, when it appears to the judge of any court or to the agency to whom the application is made that an attorney of record for the party applying for the extension is a Member of the Legislature of this state, and that the Legislature is in session or in recess not exceeding a recess of 40 days or that a legislative committee of which the attorney is a duly appointed member is meeting or is to meet within a period which the court or agency finds does not exceed the time reasonably necessary to enable the member to reach the committee meeting by the ordinary mode of travel. When the Legislature is in session or in recess, extension shall be to a date not less than 30 days next following the final adjournment of the Legislature or the commencement of a recess of more than 40 days. If a date is available during recess, extension shall be to such earlier date. When a legislative committee is meeting or is to meet within a period which the court or agency finds does not exceed the time reasonably necessary to enable the member to reach the committee meeting by the ordinary mode of travel, extension shall be for such period as the court or agency finds will be reasonably necessary to enable the member to perform the act to be done in the action or proceeding, unless the extension would expire when the Legislature is to be in session; and in that case the extension shall be to a date not less than 30 days following the final adjournment of the Legislature or the commencement of a recess of more than 40 days. If the act may be reasonably done by the member within the recess, continuance shall be to such earlier date. However, any postponement granted under the provisions of this section shall suspend for the same period of time as the postponement, the running of any period of time for any ruling or proceeding by a court, board, commission, or officer, or for the performance by any party of any act affected by the postponement.
§ 1054.1.Extension of Time Allowed to Do Act In Action Or Proceeding In State Court Or Before State Administrative Agency
Title 14. Of Miscellaneous Provisions · Chapter 7. General Provisions · Last amended 1982 · Last verified July 28, 2026
In one sentenceSection 1054.1 requires courts and state agencies to extend deadlines for pleadings and similar acts, to a specific later date, for an attorney of record who is a state legislator when the Legislature is in session, in a short recess, or attending a qualifying committee meeting, unless the extension would improperly delay urgent provisional relief.
Full Text of § 1054.1
(b) Extension of time pursuant to this section is mandatory unless the court determines that the extension would defeat or abridge a right to relief pendente lite in a paternity action or a right to invoke a provisional remedy such as pendente lite support in a domestic relations controversy, attachment and sale of perishable goods, receivership of a failing business, and temporary restraining order or preliminary injunction, and that the continuance should not be granted.
Plain-English Summary
This section extends the deadline-extension logic of § 1054 to any court proceeding or state administrative proceeding, and ties it to a specific and often-invoked circumstance: an attorney of record who also serves as a Member of the state Legislature. It covers the same categories of acts as § 1054, tied to pleadings, bills of exceptions, and most notices, but excludes a motion for judgment notwithstanding the verdict along with the same appeal-related notices § 1054 excludes.
When the Legislature is in session, in a recess of forty days or less, or when a legislative committee the attorney sits on is meeting or about to meet within a period the court or agency finds reasonably necessary for the member to travel to it, the deadline must be extended to a date certain, generally to a point after the Legislature's final adjournment or the start of a longer recess, or to whatever period is reasonably necessary around the committee meeting. Any such postponement also suspends, for the same length of time, other periods running against rulings, proceedings, or acts affected by the delay.
Subdivision (b) makes the extension mandatory, with one carve-out: a court can deny it if granting it would defeat or cut short a party's right to urgent provisional relief, such as support pending a paternity or family law case, attachment of perishable goods, receivership of a failing business, or a temporary restraining order or preliminary injunction.
Frequently Asked Questions
Who benefits from the extension in § 1054.1?
An attorney of record for a party who is also a Member of the California Legislature, when the Legislature is in session, in a short recess, or attending a qualifying committee meeting.
Is this extension automatic, or does the court have discretion to deny it?
It is generally mandatory, but subdivision (b) lets the court deny it if the extension would defeat or abridge a right to urgent relief, such as a temporary restraining order or a receivership of a failing business.
Does this section apply outside of court, such as before a state agency?
Yes. It applies to actions or proceedings before any court of this state or before any state administrative agency.
What happens to other deadlines while this extension is in effect?
The postponement suspends, for the same period, the running of any other time period for a ruling, proceeding, or required act affected by the postponement.
Amendment History
Amended by Stats. 1982, Ch. 517, Sec. 169.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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