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 583.420 bars discretionary dismissal for delay until service isn't made within two years, or the action isn't brought to trial within three years (or two years under a Judicial Council rule for a specific court's calendar conditions), or a granted new trial isn't retried within two years of the triggering order or remittitur.
(a)The court may not dismiss an action pursuant to this article for delay in prosecution except after one of the following conditions has occurred:
(1)Service is not made within two years after the action is commenced against the defendant.
(2)The action is not brought to trial within the following times:
(A)Three years after the action is commenced against the defendant unless otherwise prescribed by rule under subparagraph (B).
(B)Two years after the action is commenced against the defendant if the Judicial Council by rule adopted pursuant to Section 583.410 so prescribes for the court because of the condition of the court calendar or for other reasons affecting the conduct of litigation or the administration of justice.
(3)A new trial is granted and the action is not again brought to trial within the following times:
(A)If a trial is commenced but no judgment is entered because of a mistrial or because a jury is unable to reach a decision, within two years after the order of the court declaring the mistrial or the disagreement of the jury is entered.
(B)If after judgment a new trial is granted and no appeal is taken, within two years after the order granting the new trial is entered.
(C)If on appeal an order granting a new trial is affirmed or a judgment is reversed and the action remanded for a new trial, within two years after the remittitur is filed by the clerk of the trial court.
(b)The times provided in subdivision (a) shall be computed in the manner provided for computation of the comparable times under Articles 2 (commencing with Section 583.210) and 3 (commencing with Section 583.310).
Plain-English Summary
Discretionary dismissal under this article can't happen just because a court thinks a case is moving slowly — one of three specific triggers has to occur first. The first is a two-year service failure: if service on the defendant isn't made within two years after the action is commenced, discretionary dismissal becomes available.
The second trigger covers trial timing generally: the action isn't brought to trial within three years after commencement, unless the Judicial Council has adopted a rule shortening that to two years for a particular court because of calendar conditions or other reasons affecting the conduct of litigation or the administration of justice in that court.
The third trigger mirrors § 583.320's retrial deadlines but with shorter windows: if a new trial is granted, discretionary dismissal becomes available if the case isn't retried within two years of a mistrial or jury disagreement order, within two years of an unappealed new trial order, or within two years of a remittitur filed after an appeal affirms a new trial order or reverses and remands. All of these times are computed the same way the mandatory service and trial deadlines are computed under Articles 2 and 3.
Frequently Asked Questions
What conditions must occur before a court can consider discretionary dismissal?
Service not made within two years, the action not brought to trial within three years (or two years under a qualifying Judicial Council rule), or a granted new trial not retried within two years of the triggering event.
Why would the trial deadline be two years instead of three?
The Judicial Council can, by rule, prescribe the shorter two-year period for a specific court because of the condition of its calendar or other reasons affecting litigation or the administration of justice there.
How are these two-year and three-year periods computed?
The same way the comparable mandatory periods are computed under Article 2 (commencing with § 583.210) and Article 3 (commencing with § 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
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