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 583.250 makes dismissal mandatory when service isn't completed within the prescribed time -- barring further prosecution of the action and requiring the court to dismiss it, on its own motion or any interested person's motion, after notice -- and states that this three-year service requirement can't be extended, excused, or waived except as a statute expressly allows.
(a)If service is not made in an action within the time prescribed in this article:
(1)The action shall not be further prosecuted and no further proceedings shall be held in the action.
(2)The action shall be dismissed by the court on its own motion or on motion of any person interested in the action, whether named as a party or not, after notice to the parties.
(b)The requirements of this article are mandatory and are not subject to extension, excuse, or exception except as expressly provided by statute.
Plain-English Summary
Missing the three-year service deadline carries a hard consequence. The action can't be further prosecuted, and no further proceedings can be held in it. The court has to dismiss it — either on its own motion or on the motion of anyone with an interest in the action, whether that person is a named party or not — after giving the parties notice.
The second half of this section is what makes the deadline jurisdictional in character rather than merely procedural. The requirements of this article are mandatory, and they aren't subject to extension, excuse, or exception except where a statute expressly provides one. That's a narrower escape hatch than ordinary equitable arguments might suggest — the exclusions in § 583.240 and the extension methods in § 583.230 are what the statute itself allows, and little beyond that.
Frequently Asked Questions
What happens if the summons and complaint aren't served within three years?
The action can't be prosecuted further, and the court must dismiss it on its own motion or on the motion of any interested person, after notice to the parties.
Who can move to dismiss for failure to timely serve?
Any person interested in the action, whether or not that person is a named party, in addition to the court acting on its own motion.
Can a court excuse a missed service deadline for equitable reasons not listed in the statute?
No. Section 583.250(b) makes the service requirement mandatory, not subject to extension, excuse, or exception except as a statute expressly provides.
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:mandatory dismissal failure to serve californiaconsequences missing three year service deadline