The parties may extend the time within which an action must be brought to trial pursuant to this article by the following means:
§ 583.330.Extension of Time
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 1.5. Dismissal for Delay in Prosecution · Article 3. Mandatory Time for Bringing Action to Trial or New Trial · Enacted 1705 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 583.330 lets parties extend the mandatory time to bring an action to trial by written stipulation, which need not be filed but must be brought to the court's attention if relevant to a dismissal motion, or by oral agreement in open court entered in the minutes or captured in a transcript.
Full Text of § 583.330
(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
Just as with the three-year service deadline, the parties themselves can extend the five-year trial deadline by agreement rather than relying only on the statutory exclusions in § 583.340. A written stipulation works even unfiled, though an unfiled stipulation has to be surfaced to the court if a dismissal motion later puts the deadline at issue.
An oral stipulation works too, as long as it's made in open court and either entered in the minutes or preserved in a transcript. Both methods give litigants a simple way to manage scheduling realities — a busy court calendar, ongoing settlement talks, coordinated discovery — without needing to litigate the deadline itself.
Frequently Asked Questions
Can the parties agree to extend the five-year trial deadline?
Yes, by written stipulation (which need not be filed, but must be brought to the court's attention if relevant to a dismissal motion) or by oral agreement in open court entered in the minutes or a transcript.
Does an unfiled written stipulation still count?
Yes, but it has to be brought to the court's attention if it becomes relevant to a motion for dismissal.
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 five year rule californiaextend time to bring case to trial california