Reviewing court habeas: return (30 days after OSC)
30 days after date the reviewing court issued the order to show cause, under Cal. Rules of Court, rule 8.386(a), (b)(1).
Rule text
(a) This rule applies if the Supreme Court orders the return to be filed in the Supreme Court or the Court of Appeal or if the Court of Appeal orders the return to be filed in the Court of Appeal. (b)(1) Unless the court orders otherwise, any return must be served and filed within 30 days after the court issues the order to show cause.
Calculate this deadline
- Trigger (Date the reviewing court issued the order to show cause): Friday, November 6, 2026.
- Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
- That day is a Sunday, so the deadline moves to the next court day: Monday, December 7, 2026 (Cal. Rules of Court, rules 1.10, 8.60(a); Cal. Code Civ. Proc. 12, 12a, 12b).
Cal. Rules of Court, rule 8.386(a), (b)(1)
(a) This rule applies if the Supreme Court orders the return to be filed in the Supreme Court or the Court of Appeal or if the Court of Appeal orders the return to be filed in the Court of Appeal. (b)(1) Unless the court orders otherwise, any return must be served and filed within 30 days after the court issues the order to show cause.Official source
Cal. Rules of Court, rules 1.10, 8.60(a); Cal. Code Civ. Proc. 12, 12a, 12b
CRC 1.10(a): "The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or other legal holiday, and then it is also excluded." CRC 1.10(b): "Unless otherwise provided by law, if the last day for the performance of any act that is required by these rules to be performed within a specific period of time falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a holiday." CRC 8.60(a): "The Code of Civil Procedure governs computing and extending the time to do any act required or permitted under these rules." CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." CCP 12b: "If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a."Official source
- Only when the return is ordered filed in the Supreme Court or Court of Appeal; if made returnable in superior court, rule 4.551 applies (8.385(e)). 'Unless the court orders otherwise.'
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date the reviewing court issued the order to show cause on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.
- Trigger (Date the reviewing court issued the order to show cause): Monday, March 15, 2027.
- Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.
Notes
Only when the return is ordered filed in the Supreme Court or Court of Appeal; if made returnable in superior court, rule 4.551 applies (8.385(e)). 'Unless the court orders otherwise.'
Related deadlines
- Reviewing court habeas: informal response (15 days) (15 days after)
- Reviewing court habeas: reply to informal response (15 days) (15 days after)
- Reviewing court habeas: traverse (30 days after return filed) (30 days after)
Rules current as of 2026-10-23. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.