§ 2016.060.Saturday, Sunday or holiday as last day to act
Title 4. Civil Discovery Act · Chapter 1. General Provisions · Enacted 2004 · no amendments on record · Last verified July 29, 2026
Full Text of § 2016.060
Plain-English Summary
Ordinary civil deadlines that fall on a weekend or holiday roll forward to the next court day, but discovery operates on a tighter clock tied to an approaching trial, and this section adapts the extension rule accordingly. When the last day to perform or complete any act under the Civil Discovery Act falls on a Saturday, Sunday, or a holiday as defined in Section 10, the deadline extends only until the next court day that is closer to the trial date.
That distinction matters because discovery cutoffs are calculated backward from trial, and a deadline that rolled forward the ordinary way could eat into time the statute means to preserve before trial begins. By anchoring the extension to whichever direction keeps the deadline closer to trial, the section keeps discovery cutoffs from quietly expanding the discovery window at the expense of trial preparation time.
Frequently Asked Questions
What happens when a discovery deadline falls on a weekend or holiday?
The deadline extends to the next court day, but specifically the next court day that is closer to the trial date.
Why doesn't this section use the ordinary weekend and holiday extension rule?
Because discovery deadlines are typically measured backward from the trial date, and an extension that moved the wrong direction could improperly shrink the pre-trial preparation period the statute is designed to protect.
What defines a "holiday" for purposes of this section?
Section 10 of the Code of Civil Procedure.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23.5, operative July 1, 2005.)