The Judicial Council shall adopt rules, not inconsistent with statute, prescribing the time for filing and serving opposition and reply papers, if any, relating to a motion under Section 1167.4, 1170.7, or 1170.8.
§ 1170.9.Rules Prescribing Time For Filing and Serving Opposition and Reply Papers
Title 3. Of Summary Proceedings · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases · Enacted 2007 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1170.9 directs the Judicial Council to adopt rules setting the deadlines for filing and serving opposition and reply papers on motions brought under § 1167.4, § 1170.7, or § 1170.8, so those fast-track motion deadlines are set uniformly by court rule rather than left to case-by-case dispute.
Full Text of § 1170.9
Plain-English Summary
This section doesn't set a deadline itself — it hands that job to the Judicial Council. The rules the Council adopts fill in the opposition-and-reply timing for three specific motions this chapter creates: a motion under § 1167.4 (the defendant's notice of motion under § 418.10(a)), a summary judgment motion under § 1170.7, and a discovery motion under § 1170.8.
Centralizing these deadlines in a statewide court rule, rather than statute, keeps them consistent across counties while leaving room to adjust the specifics without a legislative amendment. Anyone litigating one of these three motions needs to check the California Rules of Court for the actual number of days, not just this section.
Frequently Asked Questions
Where do I find the actual deadline to oppose a summary judgment or discovery motion in an eviction case?
In the rules the Judicial Council adopts under § 1170.9, found in the California Rules of Court, not in the text of this section itself.
Which motions does this rulemaking authority cover?
Why did the legislature leave these deadlines to court rule instead of statute?
Section 1170.9 assigns that task to the Judicial Council so the timing can be set and adjusted uniformly statewide.
Amendment History
Added by Stats 2007 ch 113 (AB 1126),s 2, eff. 1/1/2008.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: judicial council rules unlawful detainer motions californiaopposition deadline eviction motion california