(a) The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed.
§ 583.210.Service Within 3 Years After Commencement of Action Against Defendant; Proof of Service
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 1.5. Dismissal for Delay in Prosecution · Article 2. Mandatory Time for Service of Summons · Last amended 2006 · Last verified July 28, 2026
In one sentenceSection 583.210 requires that the summons and complaint be served on a defendant within three years after the action is commenced, measured from the complaint's filing date, and requires proof of that service to be filed within sixty days after the three-year deadline.
Full Text of § 583.210
(b) Proof of service of the summons shall be filed within 60 days after the time the summons and complaint must be served upon a defendant.
Plain-English Summary
This is the mandatory service deadline that starts Chapter 1.5's clock running. The summons and complaint must reach the defendant within three years of when the action is commenced, and commencement is fixed at the moment the complaint is filed — not when service is attempted or completed.
A separate, shorter deadline governs the paperwork proving service happened: proof of service has to be filed within sixty days after the three-year service deadline itself. That gives a plaintiff who serves a defendant near the three-year mark a little breathing room to get the proof of service on file without missing a second cutoff.
Frequently Asked Questions
How is the three-year service deadline measured?
From the date the complaint is filed — that's when the action is deemed commenced under § 583.210(a).
What's the deadline for filing proof of service?
Within sixty days after the time by which the summons and complaint must be served on the defendant.
What happens if service isn't made within three years?
Section 583.250 makes dismissal mandatory, subject to the extensions and exclusions described in the rest of this article.
Amendment History
Amended by Stats 2005 ch 300 (AB 496),s 4, eff. 1/1/2006
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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