STATUTORY DEADLINES
CRC 4.111: General criminal motions must be filed 10 calendar days before hearing. Response to be filed 5 calendar days before hearing. Reply to be filed 2 court days before hearing.
CRC 5.766(b): Notice of 5 judicial days must be given before fitness hearing.
CRC 8.264(b): Court of Appeal decision final after 30 calendar days.
CRC 8.268(b)(1)(A): Request for rehearing in Court of Appeal must be filed within 15 calendar days of filing of decision.
CRC 8.268(b)(1)(A): File petition for rehearing in Supreme Court 15 calendar days after decision is filed.
CRC 8.268(b)(2): If requested, file answer to petition for rehearing in Supreme Court 8 calendar days after order requesting answer.
CRC 8.304(b)(1)-(3): In felony, following guilty or no contest plea, Pen. Code §1237.5 statement must be filed within 60 calendar days rom judgment in addition to notice of appeal.
CRC 8.304(b)(2): In felony, trial court files certificate of probable cause 20 calendar days after statement filed.
CRC 8.308(a): In felony, notice of appeal to be filed within 60 calendar days of judgment. [Pen. Code §1237]
CRC 8.500: A petition for review in Supreme Court must be filed within 10 calendar days after decision of appellate court final (within 40 calendar days after opinion issued (holidays do not extend date).
CRC 8.500(e)(4): File answer in Supreme Court within 20 calendar days after petition for review is filed.
CRC 8.500(e)(5): File reply in Supreme Court within 10 calendar days after answer is filed.
CRC 8.853. Time to appeal misdemeanor. A notice of appeal must be filed within 30 days after the rendition of the judgment or the making of the order being appealed. If the defendant is committed before final judgment for insanity or narcotics addiction, the notice of appeal must be filed within 30 days after the commitment.
For common law writs or statutory writs where the statute does not set a deadline, the writ should be filed as soon as possible and not later tnan 60 days after the court makes the ruling you are challenging in the petition. (See form APP-150 at www.courtinfo.ca.gov/forms.)
* Deadlines pertain to California Codes. Counsel should check local rules that may have specific time requirements.
CCP §12: To count time, exclude first day and include last.
CCP §§10, 12: A paper that would otherwise be filed on a holiday, may be filed on the next business day.
CCP §170.3: Judges must immediately disqualify themselves upon determining disqualification facts.
CCP §170.3(c)(3): Judge has 10 calendar days to respond to attorney's motion to disqualify judge for cause.
CCP §170.3(c)(5): Parties have 5 calendar days to agree upon judge after disqualification for cause.
CCP §170.6(a)(2): Motion to disqualify judge must be made: (1) before judge has presided at proceeding relating to merits; (2) where case is on master calendar, motion must be made no later than when case is assigned.
CCP §1005: Notice of Pitchess motion. All moving papers served and filed at least 16 court days before hearing. If mailed within California, the required 16 day notice shall be increased by 5 calendar days.
* Deadlines pertain to California Codes. Counsel should check local rules that may have specific time requirements.
W&I Code §252: Request for judge to review referee's order must be made within 10 calendar days of order.
W&I Code §631(a)-(b): Juvenile §602 petition must be filed within 48 hours (excluding nonjudicial days) after minor is taken into custody.
W&I Code §632(b): Where minor arrested w/o warrant on nonviolent misdemeanor detention hearing must be held within 48 hours (excluding nonjudicial days).
W&I Code §632(a)-(b): Other detention hearings not held within 24 hours shall be subject to written review and approval of supervising probation officerfollowing filing of petition.
W&I Code §637: Detention rehearing must be held within 3 judicial days of request.
W&I Code §657(a)(1): Jurisdictional hearing for minor must be held within 15 judicial days of detention order.
W&I Code §657(a): Where minor not detained, jurisdictional hearing must be held within 30 calendar days of §602 petition.
W&I Code §781: Juvenile records to be sealed at age 18 or 5 or more years after end of juvenile court jurisdiction.
* Deadlines pertain to California Codes. Counsel should check local rules that may have specific time requirements.
H&S Code §11488.4(j): Prosecution petition for forfeiture must be filed within 30 calendar days of receipt of claim opposing forfeiture.
H&S Code §11488.5(a)(1): Opposition to forfeiture must be filed within 30 calendar days of notice of forfeiture.
H&S Code §11361.5: Records of certain petty marijuana offenders must not be kept longer than 2 years from conviction, and if no conviction, from arrest.
* Deadlines pertain to California Codes. Counsel should check local rules that may have specific time requirements.
Pen. Code §1510: Review of denial of §§1538.5/995 motions only available if motion heard within 45 (misdemeanor) or 60 (felony) days of arraignment.
Pen. Code §1538.5(l): Up to 30 calendar days continuance may be granted in misdemeanor case to prepare motion to suppress.
Pen. Code §1538.5(j): Up to 30 calendar days continuance may be granted to defense to prepare for a prosecution de novo §1538.5 hearing.
Pen. Code §1538.5(f)(2): In felony, motion may be heard at preliminary examination if filed at least 5 court days before the hearing.
Pen. Code §1538.5(f)(3): In felony, prosecution response to motion must be served at least 2 court days before hearing.
Pen. Code §1538.5(g): In misdemeanor, motion must be filed before trial, unless no opportunity or unaware of grounds.
Pen. Code §1538.5(l): After preliminary examination for felony, special hearing to renew or make motion must be filed 10 court days before hearing.
Pen. Code §1538.5(i): After prelminary examination, prosecution must serve response at least 2 court days before hearing.
Pen. Code §1538.5(j): In misdemeanor, review by appeal to superior court appellate division must be filed within 30 days of denial or grant. [CRC 8.853]
Pen. Code §1538.5(j): In felony, grant of §1538.5 motion at preliminary hearing is binding unless prosecution requests hearing within 15 calendar days after preliminary examination.
Pen. Code §1538.5(o): In felony, where §1538.5 motion granted after preliminary hearing, writ must be filed within 30 calendar days of grant. If less than 30 days before trial, notice of intention to file writ must be filed either on or before trial date or within 10 days of grant.
* Deadlines pertain to California Codes. Counsel should check local rules that may have specific time requirements.
Pen. Code §859b: Defendant in custody solely on felony complaint must have preliminary examination within 10 court days of arraignment or entry of plea; or within 10 court days of reinstatement of criminal proceedings.
Pen. Code §859b: Defendant out of custody, must have preliminary examination no more than 60 days from arraignment absent personal waiver.
Pen. Code §860(3): A continuance of not less than 2 nor more than 5 calendar days may be granted to secure counsel for a preliminary examination, for defendant charged with death penalty offense or for defendant not pleading guilty to felony.
Pen. Code §861: No continuance may be granted during preliminary examination absent good cause or personal waiver; continuance may be no more than 10 court days absent waiver.
Pen. Code §871.5: Prosecution motion to reinstate complaint must be filed within 15 calendar days of magistrate's order.
* Deadlines pertain to California Codes. Counsel should check local rules that may have specific time requirements.
Pen. Code §1048: Trial must begin within 30 calendar days after arraignment when victim or witness is minor, aged 70+, or dependent adult; or when certain sex crimes alleged.
Pen. Code §1049: At least 5 calendar days must be allowed to prepare for trial between plea and trial.
Pen. Code §1049.5: Felony trials must be set within 60 calendar days of the arraignment.
Pen. Code §1054.7: Discovery must be given to opposing counsel at least 30 calendar days before trial.
Pen. Code §1118: Motion for acquittal in trial without jury made after prosecution has rested.
Pen. Code §1118.1: Motion for acquittal in jury trial at close of evidence by either side before case goes to jury.
Pen. Code §1182: Motion for new trial must be made before pronouncement of judgment, order granting probation, or commitment of defendant.
Pen. Code §1382(a)(3): In custody misdemeanor trials must be set within 30 calendar days after plea or arraignment. Out of custody, within 45 calendar days. Objection must be made at time of continuance to date set beyond limit.
Pen. Code §1382(a)(2): Felony trials must be set within 60 calendar days of the information or indictment. Objection must be made at time of continuance to date set beyond limit.
Pen. Code 1382(a)(2)(B): In felony or misdemeanor cases where defendant has consented to continuance beyond statutory time, without out general time waiver, must be brought to trial within 10 days of consented continuance date. 1382(a)(3)(B)
Pen. Code §1382(a)(2): After mistrial in felony case, new trial is required within 60 calendar days.
Pen. Code §1382(a)(3): After mistrial in misdemeanor case, new trial is required within 30 calendar days.
Pen. Code §1382(a)(2)(A), (a)(3)(A): After withdrawal of a general time waiver, defendant must be brought to trial within 60 calendar days in felony and 30 calendar days in misdemeanor.
* Deadlines pertain to California Codes. Counsel should check local rules that may have specific time requirements.
Pen. Code §990: A continuance of not less than 1 calendar day, in a felony, nor more than 7 calendar days in a misdemeanor, may be granted to prepare case before arraignment.
Pen. Code §1050(b): Continuance motion must be made at least 2 court days before hearing or trial.
Pen. Code §1050.1: Where codefendants joined, good cause to continue for one case constitutes good cause for other codefendants.
Pen. Code 1050(g)(2): Prosecutor handling case listed in Pen. Code §§187(a), 646.9, §11165.1(a), §11165.6 or 13700, or §§999b - 999h, or hate crime under Title 11.6, has good cause to continue other pending case for up to 10 court days.
Pen. Code §1382(a)(3): In custody misdemeanor trials must be set within 30 calendar days after plea or arraignment. Out of custody, within 45 calendar days. Objection must be made at time of continuance to date set beyond limit.
Pen. Code §1382(a)(2): Felony trials must be set within 60 calendar days of the information or indictment. Objection must be made at time of continuance to date set beyond limit.
Pen. Code §1382(a)(2)(B): In felony or misdemeanor cases where defendant has consented to continuance beyond statutory time, without out general time waiver, must be brought to trial within 10 days of consented continuance date. 1382(a)(3)(B)
Pen. Code §739: Information to be filed within 15 calendar days after preliminary examination holding order.
Pen. Code §§821, 822: Out of county arrest, defendant to be take to other county within 5 calendar days of notification. If felony, and other county over 400 miles away, agency has five court days for pick up.
Pen. Code §825: Appearance or arraignment before magistrate after warrantless felony arrest, within 48 hours. Probable cause determination must be made within 48 hours, not excluding weekends and holidays. [Riverside v McLaughlin (1991) 550 US 44, 57]
Pen. Code §851.8(l): Motion to seal or destroy record of factually innocent person when no accusatory pleading filed, must be filed within 2 years after arrest or pleading.
Pen. Code §938.1(b): Motion to keep grand jury transcript sealed must be made within 10 calendar days of receipt of transcript.
Pen. Code §991: Challenge to probable cause where defendant in custody may be done at arraignment, no notice required. Prosecution may refile within 15 calendar days.
Pen. Code §999a: In felony case, writ review of denial of §995 motion must be filed within 15 calendar days after §995 motion denied.
Pen. Code §1004: Demur must be filed before plea is entered.
Pen. Code §1006: Demur must be heard immediately, unless exceptional cause for continuance.
Pen. Code §1018: Plea withdrawal of unrepresented defendant may be done anytime before entry of judgment or within 6 months of grant of probation.
Pen. Code §1054.5(b): Discovery must be provided no later than 15 calendar days after a request.
Pen. Code §1170(b): In felony, statements in aggravation or mitigation must be submitted at least 4 days before sentencing.
Pen. Code §1170(d): Recall of commitment to state prison must be recalled within 120 calendar days of commitment.
Pen. Code §1170(e): Hearing of recall of commitment to state prison to be within 10 days of receipt of positive recommendation by Director of Corrections, based on health of prisoner.
Pen. Code §1191: In felony, pronouncement of judgment must be within 20 judicial days of plea, finding, or conviction, subject to court's extension on specified circumstances.
Pen. Code §1203(b): In felony, probation report to be done at least 5 calendar days, or at least 9 calendar days on request of defendant or prosecuting attorney, before sentencing, unless waived.
Pen. Code §1203.2a: Upon notice, sentencing of probationer sent to state prison for another offense, must be within 60 calendar days if probation sentence has been imposed, 30 days if sentence has not been imposed.
Pen. Code §1203.03: In felony, pronouncement of judgment may be extended to period necessary for diagnostic.
Pen. Code §1203.4a: Dismissal for misdemeanants not granted probation, after 1 year from judgment.
Pen. Code §1203.4: Dismissal for persons granted probation, after probation completed.
Pen. Code §1238(a)(1): Prosecution appeal of §995 motion must be filed within 60 calendar days of ruling. [CRC 8.308(a)]
Pen. Code §1270.2: A bail hearing is required within 5 calendar days from the original order fixing bail if the defendant is still in custody.
Pen. Code §1270.1(b): Two court days written notice is required to be given for a hearing to reduce of bail on serious, violent, or certain specified felony cases.
Pen. Code §1328: Service of subpoena on officer: If personally served, no time limit. If served on office must not be less than 5 working days before hearing.
Pen. §Code 1381: Defendant serving in excess of 90 days CA sentence, must be brought to trial on pending case within 90 days after delivery of notice to prosecution.
Pen. Code §1381.5: On assent of federal authorities, defendant serving in excess of 90 days federal sentence, must be brought to trial on pending case within 90 days after delivery of notice to prosecution.
Pen. Code §1382(a)(1): Information must be filed within 15 calendar days of holding order.
Pen. Code §1382(a)(2): After guilty plea in felony case, before a preliminary examination was held, where writ reverses judgment, new trial is required within 90 calendar days.
Pen. Code §1382(a)(2)(A), (a)(3)(A): After withdrawal of a general time waiver, defendant must be brought to trial within 60 calendar days in felony and 30 calendar days in misdemeanor.
Pen. Code §1382(b): Where defendant FTAs in felony case and bench warrant issues, a new 60 calendar day period commences.
Pen. Code §1382(a)(3)(C): Where defendant FTAs in misdemeanor case, defendant is deemed "rearraigned" on date of arraignment.
Pen. Code §1389: Person serving term against whom detainer has been lodged, must be brought to trial on pending matter within 180 days of demand to prosecution.
Pen. Code §1449: Misdemeanor pronouncement of judgment must be no less than 6 hours nor more than 5 days after plea of guilty or verdict, unless waived.
Pen. Code §1510: Review of denial of §§1538.5/995 motions only available if motion heard within 45 (misdemeanor) or 60 (felony) days of arraignment.
Pen. Code §1551.2: Extradition identity hearing must be held within 10 calendar days of arraignment.
Pen. Code §1555.2: After waiver of extradition, defendant may be released if demanding state does not remand within 30 calendar days.
* Deadlines pertain to California Codes. Counsel should check local rules that may have specific time requirements.