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General Provisions on Dismissals for Delay

Seven sections provide general provisions on Dismissals for Delay

By Chris Micheli, March 5, 2026 2:00 pm

Section 583.110 defines the following terms: “action,” “complaint,” “court,” “defendant,” “plaintiff,” and “service.”

Section 583.120 states that 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.

Section 583.130 provides that it is the policy of the state that a plaintiff is to proceed with reasonable diligence in the prosecution of an action but that all parties must cooperate in bringing the action to trial or other disposition.

Section 583.140 specifies that nothing in this chapter abrogates or otherwise affects the principles of waiver and estoppel.

Section 583.150 states that 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 or by the Judicial Council pursuant to statute.

Section 583.160 specifies that 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 an action commenced before the effective date of this chapter.

Section 583.161 prohibits a petition from being dismissed pursuant to this chapter if any of the four specified conditions exist.

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