The parties may extend the time within which service must be made pursuant to this article by the following means:
§ 583.230.Extension of Time
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 583.230 lets parties extend the three-year service deadline by written stipulation, which need not be filed but must be brought to the court's attention if it becomes relevant to a dismissal motion, or by oral agreement in open court entered in the minutes or recorded in a transcript.
Full Text of § 583.230
(a) By written stipulation. The stipulation need not be filed but, if it is not filed, the stipulation shall be brought to the attention of the court if relevant to a motion for dismissal.
(b) By oral agreement made in open court, if entered in the minutes of the court or a transcript is made.
Plain-English Summary
The three-year service deadline isn't fixed in stone if the parties agree otherwise. A written stipulation extending the time for service works even if it's never filed with the court — though if a dismissal motion later comes up, that unfiled stipulation has to be brought to the court's attention for it to do any good.
An oral agreement made in open court works too, so long as it's either entered in the court's minutes or captured in a transcript. Either method — written or oral — gives the parties an easy way to manage a looming deadline without needing court approval in advance.
Frequently Asked Questions
Does a stipulation extending the service deadline have to be filed with the court?
No, but if it isn't filed, it has to be brought to the court's attention if it becomes relevant to a motion for dismissal.
Can the parties extend the deadline just by agreeing out loud in court?
Yes, an oral agreement made in open court works, provided it's entered in the minutes of the court or captured in a transcript.
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: stipulation extend time for service californiaextend three year service deadline california