(a) The court may in its discretion dismiss an action for delay in prosecution pursuant to this article on its own motion or on motion of the defendant if to do so appears to the court appropriate under the circumstances of the case.
§ 583.410.Generally
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 1.5. Dismissal for Delay in Prosecution · Article 4. Discretionary Dismissal for Delay · Enacted 1705 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 583.410 lets a court dismiss an action for delay in prosecution in its discretion, on its own motion or the defendant's motion, when doing so appears appropriate under the case's circumstances, following the procedure and criteria set out in rules the Judicial Council adopts.
Full Text of § 583.410
(b) Dismissal shall be pursuant to the procedure and in accordance with the criteria prescribed by rules adopted by the Judicial Council.
Plain-English Summary
Alongside the mandatory five-year and three-year deadlines, California gives courts a separate, discretionary tool for shorter delays. This section is the general grant of that authority: the court may dismiss an action for delay in prosecution on its own motion or the defendant's motion, whenever it appears appropriate under the circumstances of the case.
That discretion isn't exercised in a vacuum. Dismissal under this article has to follow the procedure and criteria the Judicial Council prescribes by rule — the California Rules of Court fill in the specific factors courts weigh, such as the diligence shown by the parties and the prejudice a delay has caused.
Unlike the mandatory rules in §§ 583.250 and 583.360, this discretionary dismissal power can't be exercised at just any point in a case — § 583.420 spells out the specific conditions that have to occur first before the court may even consider it.
Frequently Asked Questions
Can a court dismiss a case for delay before the five-year deadline runs?
Yes, under this article the court has discretion to dismiss for delay in prosecution, but only once one of the triggering conditions in § 583.420 has occurred.
What governs how a court exercises this discretion?
The procedure and criteria prescribed by rules adopted by the Judicial Council.
Is this the same as the mandatory five-year rule?
No, this is a separate, discretionary basis for dismissal, distinct from the mandatory deadlines in §§ 583.210 and 583.310.
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: discretionary dismissal for delay californiacalifornia two year rule dismissal