(a) In any action for libel or slander, for good cause shown upon ex parte written application, the court may order that the time to respond to the complaint is 20 days after the service of summons on the defendant. The application shall be supported by an affidavit stating facts showing, among other things, that the alleged defamatory matter has been continuously published and that there is a reasonable likelihood that the publication will continue. The order shall direct the clerk to endorse the summons to show that the time to respond has been shortened pursuant to this section. A copy of the application, affidavit, and order shall be served with the summons.
§ 460.5.Order to Respond to Complaint For Libel and Slander Shortened to 20 Days After Service
Title 6. Of the Pleadings In Civil Actions · Chapter 7. General Rules of Pleading · Enacted 1972 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 460.5 lets a court, on an ex parte application backed by an affidavit showing continuous publication, shorten a defendant’s time to respond to a libel or slander complaint to 20 days after service and cap the time to answer an amendment at 10 days.
Full Text of § 460.5
(c) The court shall give any such action precedence over all other civil actions, except actions to which special precedence is given by law, in the matter of the setting the case for hearing or trial, and in hearing the case, to the end that all such actions shall be quickly heard and determined. Except for good cause shown, the court shall not grant a continuance in excess of 10 days without the consent of the adverse party.
(d) For purposes of this section, "continuously published" means three or more publications within 15 days.
Plain-English Summary
Ongoing defamatory publications can keep causing harm while a lawsuit crawls through the normal response schedule. Section 460.5 gives a libel or slander plaintiff a way to speed that up. On an ex parte written application supported by an affidavit showing, among other things, that the defamatory matter has been continuously published and is reasonably likely to keep going, a court may shorten the defendant’s time to respond to the complaint to 20 days after service of the summons. The clerk endorses the summons to show the shortened time, and a copy of the application, affidavit, and order must be served with it.
Once that order is in place, the defendant’s time to respond to the complaint, or to amend the answer under § 586, is capped at 10 days unless the court orders otherwise for good cause. The statute defines "continuously published" as three or more publications within 15 days.
Section 460.5 also directs courts to give these actions scheduling precedence over ordinary civil cases (short of matters that already have special statutory precedence), so the case is set and heard quickly, and limits continuances to 10 days absent the adverse party’s consent or a good-cause showing.
Frequently Asked Questions
How can a libel or slander plaintiff shorten the defendant’s time to respond?
Section 460.5 lets the plaintiff apply ex parte, supported by an affidavit showing continuous publication and a reasonable likelihood it will continue, for an order shortening the response time to 20 days after service.
What counts as "continuously published" under this section?
Section 460.5(d) defines it as three or more publications within 15 days.
Once the shortened schedule applies, how long does a defendant have to answer an amended complaint?
No more than 10 days, unless the court orders a different time for good cause shown.
Amendment History
Added by Stats. 1972, Ch. 594.
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
Also known as: shortened time to respond libel slander californiaexpedited defamation lawsuit schedule