(a) In superior courts either party may bring an issue to trial or to a hearing, and, in the absence of the adverse party, unless the court, for good cause, otherwise directs, may proceed with the case and take a dismissal of the action, or a verdict, or judgment, as the case may require; provided, however, if the issue to be tried is an issue of fact, proof shall first be made to the satisfaction of the court that the adverse party has had 15 days' notice of such trial or five days' notice of the trial in an unlawful detainer action as specified in subdivision (b). If the adverse party has served notice of trial upon the party seeking the dismissal, verdict, or judgment at least five days prior to the trial, the adverse party shall be deemed to have had notice.
§ 594.Taking Dismissal, Verdict Or Judgment In Absence of Adverse Party
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 3. Issues—The Mode of Trial and Postponements · Last amended 2003 · Last verified July 28, 2026
In one sentenceSection 594 lets either party bring an issue to trial in the adverse party's absence and proceed to a dismissal, verdict, or judgment, so long as proof shows the required notice of trial -- fifteen days generally, five days in unlawful detainer cases -- and it sets the mailing timelines for giving that notice.
Full Text of § 594
(b) The notice to the adverse party required by subdivision (a) shall be served by mail on all the parties by the clerk of the court not less than 20 days prior to the date set for trial. In an unlawful detainer action where notice is served by mail that service shall be mailed not less than 10 days prior to the date set for trial. If notice is not served by the clerk as required by this subdivision, it may be served by mail by any party on the adverse party not less than 15 days prior to the date set for trial, and in an unlawful detainer action where notice is served by mail that service shall be mailed not less than 10 days prior to the date set for trial. The time provisions of Section 1013 shall not serve to extend the notice of trial requirements under this subdivision for unlawful detainer actions. If notice is served by the clerk, proof thereof may be made by introduction into evidence of the clerk's certificate pursuant to subdivision (3) of Section 1013a or other competent evidence. If notice is served by a party, proof may be made by introduction into evidence of an affidavit or certificate pursuant to subdivision (1) or (2) of Section 1013a or other competent evidence. The provisions of this subdivision are exclusive.
Plain-English Summary
A party doesn't have to sit and wait if the other side fails to show up. Section 594 lets either side bring an issue to trial or hearing in the adverse party's absence and take a dismissal, verdict, or judgment, unless the court directs otherwise for good cause. The catch is proof of notice: before proceeding on an absent party's factual issue, the moving party must show the adverse party had fifteen days' notice of trial generally, or five days' notice in an unlawful detainer action. Serving notice of trial on the party seeking judgment at least five days ahead counts as notice too.
Subdivision (b) sets out how that notice gets delivered. The clerk mails it to all parties at least twenty days before trial ordinarily, or at least ten days before trial in unlawful detainer cases. If the clerk doesn't handle it, any party can serve the notice by mail at least fifteen days ahead (again, ten days for unlawful detainer). Notably, the extra mailing time that § 1013 normally adds doesn't extend these unlawful detainer notice periods.
Proof of that notice can come from the clerk's certificate under § 1013a, a party's affidavit or certificate under the same section, or other competent evidence — and subdivision (b) makes these the exclusive ways to prove notice was given.
Frequently Asked Questions
Can a party get a judgment if the other side doesn't show up for trial?
Yes, in superior court, § 594 lets a party proceed with the case in the adverse party's absence and obtain a dismissal, verdict, or judgment, as the case requires.
How much notice of trial must the absent party have had?
Fifteen days generally, or five days in an unlawful detainer action, before the party can proceed in that party's absence on a factual issue.
Who is responsible for mailing the notice of trial?
Ordinarily the clerk, at least twenty days before trial (ten days for unlawful detainer). If the clerk doesn't serve it, any party may serve it by mail at least fifteen days before trial (still ten days for unlawful detainer).
Does § 1013's extra mailing time apply to these notice periods?
Not for unlawful detainer actions — § 594(b) specifically excludes them from § 1013's extension.
Amendment History
Amended by Stats 2002 ch 784 (SB 1316),s 62, eff. 1/1/2003.
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: trial in absence of party californianotice of trial requirements california