The time within which service must be made pursuant to this article does not apply if the defendant enters into a stipulation in writing or does another act that constitutes a general appearance in the action. For the purpose of this section none of the following constitutes a general appearance in the action:
§ 583.220.Stipulation In Writing By Defendant Or Another Act Constitutes General Appearance
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 · Enacted 1705 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 583.220 says the three-year service deadline stops applying once a defendant stipulates in writing or otherwise makes a general appearance, but specifies that a stipulation extending time, a motion to dismiss under this chapter, or an extension to plead after such a motion, don't themselves count as a general appearance.
Full Text of § 583.220
(b) A motion to dismiss made pursuant to this chapter, whether joined with a motion to quash service or a motion to set aside a default judgment, or otherwise.
(c) An extension of time to plead after a motion to dismiss made pursuant to this chapter.
Plain-English Summary
A defendant's own conduct can take a case outside the three-year service deadline entirely. If the defendant enters a written stipulation, or otherwise does something that amounts to a general appearance in the action, the service-timing requirement of this article no longer applies at all.
But not everything a defendant does in response to a looming deadline counts as that kind of appearance. A written stipulation under § 583.230 extending the time for service doesn't count. Neither does a motion to dismiss brought under this chapter, whether it's combined with a motion to quash service or a motion to set aside a default judgment, or brought on its own. And an extension of time to plead granted after such a dismissal motion doesn't count either.
The effect is that a defendant can contest timely service, seek more time to plead, or move to dismiss under this chapter, without inadvertently forfeiting the deadline's protection by appearing generally in the case.
Frequently Asked Questions
What happens to the three-year service deadline if the defendant makes a general appearance?
It stops applying — § 583.220 removes the requirement once the defendant stipulates in writing or otherwise makes a general appearance.
Does agreeing to extend the service deadline count as a general appearance?
No. A stipulation under § 583.230 extending the time for service is expressly excluded from counting as a general appearance.
Does filing a motion to dismiss under this chapter waive the defendant's right to contest service?
No, § 583.220 excludes such a motion — even combined with a motion to quash or to set aside a default — from counting as a general appearance.
Amendment History
Added by Stats. 1984, Ch. 1705, Sec. 5.
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: general appearance three year service rule californiadoes motion to dismiss waive service defense california