CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110. - 583.430.]
Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5.
§§ 583.110–583.430 · 21 sections
ARTICLE 1. Definitions and General Provisions §§ 583.110–583.161 · 7 sections
- § 583.110 As used in this chapter, unless the provision or context otherwise requires: (a) “Action” includes an action commenced by cross-complaint or other pleading…
- § 583.120 (a) This chapter applies to a civil action and does not apply to a special proceeding except to the extent incorporated by reference in the special proceeding.…
- § 583.130 It is the policy of the state that a plaintiff shall proceed with reasonable diligence in the prosecution of an action but that all parties shall cooperate in…
- § 583.140 Nothing in this chapter abrogates or otherwise affects the principles of waiver and estoppel.
- § 583.150 This chapter does not limit or affect the authority of a court to dismiss an action or impose other sanctions under a rule adopted by the court pursuant to…
- § 583.160 This chapter applies to a motion for dismissal made in an action commenced before, on, or after the effective date of this chapter, except that in the case of…
- § 583.161 A petition filed pursuant to Section 299, 2250, 2330, or 7600 of the Family Code shall not be dismissed pursuant to this chapter if any of the following…
ARTICLE 2. Mandatory Time for Service of Summons §§ 583.210–583.250 · 5 sections
- § 583.210 (a) The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this…
- § 583.220 The time within which service must be made pursuant to this article does not apply if the defendant enters into a stipulation in writing or does another act…
- § 583.230 The parties may extend the time within which service must be made pursuant to this article by the following means: (a) By written stipulation. The stipulation…
- § 583.240 In computing the time within which service must be made pursuant to this article, there shall be excluded the time during which any of the following conditions…
- § 583.250 (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…
ARTICLE 3. Mandatory Time for Bringing Action to Trial or New Trial §§ 583.310–583.360 · 6 sections
- § 583.310 An action shall be brought to trial within five years after the action is commenced against the defendant.
- § 583.320 (a) If a new trial is granted in the action the action shall again be brought to trial within the following times: (1) If a trial is commenced but no judgment…
- § 583.330 The parties may extend the time within which an action must be brought to trial pursuant to this article by the following means: (a) By written stipulation.…
- § 583.340 In computing the time within which an action must be brought to trial pursuant to this article, there shall be excluded the time during which any of the…
- § 583.350 If the time within which an action must be brought to trial pursuant to this article is tolled or otherwise extended pursuant to statute with the result that…
- § 583.360 (a) An action shall be dismissed by the court on its own motion or on motion of the defendant, after notice to the parties, if the action is not brought to…
ARTICLE 4. Discretionary Dismissal for Delay §§ 583.410–583.430 · 3 sections
- § 583.410 (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…
- § 583.420 (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)…
- § 583.430 (a) In a proceeding for dismissal of an action pursuant to this article for delay in prosecution the court in its discretion may require as a condition of…