Is the 3-day deposition objection deadline affected by weekends?
Yes. In California, the “at least three calendar days prior” deadline to serve written objections to a deposition notice is measured in calendar days, but if the last day falls on a weekend or legal holiday, California time-computation rules can extend the deadline to the next court day.[1][2][3]
Short answer
Under Cal. Code Civ. Proc. § 2025.410(a), objections must be served “at least three calendar days prior to the date for which the deposition is scheduled.”[4] Because California generally computes time by excluding the first day and including the last, and extends deadlines when the last day falls on a Saturday, Sunday, or legal holiday, weekends and holidays can affect when the objection deadline runs.[1][2][3]
How the rules fit together
1. The deposition-objection rule uses “calendar days”
Cal. Code Civ. Proc. § 2025.410(a) requires a written objection to be served:
“at least three calendar days prior to the date for which the deposition is scheduled.”[4]
That means you count backward three calendar days from the deposition date.
2. California’s general time rules apply unless displaced
California’s general computation statutes and court rule provide that:
- the first day is excluded and the last day included; and
- if the last day falls on a Saturday, Sunday, or holiday, the deadline is extended to the next non-holiday.[1][2][3]
Specifically:
- Cal. Civ. Proc. Code § 12 states that time is computed by excluding the first day and including the last, unless the last day is a holiday.[3]
- Cal. Civ. Proc. Code § 12a(a) extends deadlines when the last day is a holiday, with “holiday” including Saturdays and Sundays.[2]
- Cal. R. Ct. 1.10(a)-(b) likewise provides that time is computed by excluding the first day and including the last, and if the last day is Saturday, Sunday, or a legal holiday, it is excluded and extended to the next non-holiday.[1]
3. Practical effect
Because the deposition-objection deadline is “three calendar days prior,” weekends and holidays matter in two ways:
- They are counted as calendar days when you go back three days; and
- If the resulting deadline lands on a weekend or holiday, the deadline is generally extended to the next court day under California time-computation rules.[1][2][3]
Example
If a deposition is noticed for Thursday:
- Three calendar days prior is Monday.
- The objection should be served by Monday.
If the calculated deadline lands on Sunday:
Caution
The deadline is for serving the objection, not merely drafting it, and Cal. Code Civ. Proc. § 2025.410(a) requires service at least three calendar days before the deposition.[4] Also, if the objection is made three calendar days before the deposition date, personal service of that objection is required on the noticing party.[4]