Death penalty habeas: initial petition within 1 year of the Gov. Code 68662 order
12 months after date of the order entered under gov. code 68662 (offer/appointment of habeas counsel), under Cal. Pen. Code 1509(c).
Rule text
(c) Except as provided in subdivisions (d) and (g), the initial petition must be filed within one year of the order entered under Section 68662 of the Government Code.
Calculate this deadline
- Trigger (Date of the order entered under Gov. Code 68662 (offer/appointment of habeas counsel)): Friday, November 6, 2026.
- Add 12 months: Saturday, November 6, 2027.
- That day is a Saturday, so the deadline moves to the next court day: Monday, November 8, 2027 (Cal. Code Civ. Proc. 12, 12a, 10; Gov. Code 6800, 6804, 6806; Cal. Rules of Court, rule 1.10 (for periods set by the Rules of Court)).
Cal. Pen. Code 1509(c)
(c) Except as provided in subdivisions (d) and (g), the initial petition must be filed within one year of the order entered under Section 68662 of the Government Code.Official source
Cal. Code Civ. Proc. 12, 12a, 10; Gov. Code 6800, 6804, 6806; Cal. Rules of Court, rule 1.10 (for periods set by the Rules of Court)
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.(b) This section applies to Sections 659, 659a, and 921, and to all other provisions of law providing or requiring an act to be performed on a particular day or within a specified period of time, whether expressed in this or any other code or statute, ordinance, rule, or regulation." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135." Gov. Code 6800: "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." Gov. Code 6804: "“Month” means a calendar month, unless otherwise expressed." Gov. Code 6806: "A day is the period of time between any midnight and the midnight following." 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."Official source
- Untimely or successive petitions are dismissed unless the 1509(d) showing (actual innocence or ineligibility for death) is made.
- 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 of the order entered under Gov. Code 68662 (offer/appointment of habeas counsel) on Monday, March 15, 2027, personal service: due Wednesday, March 15, 2028.
- Trigger (Date of the order entered under Gov. Code 68662 (offer/appointment of habeas counsel)): Monday, March 15, 2027.
- Add 12 months: Wednesday, March 15, 2028.
Notes
Untimely or successive petitions are dismissed unless the 1509(d) showing (actual innocence or ineligibility for death) is made.
Related deadlines
- Death penalty habeas: superior court resolves initial petition within 1 year of filing (2-year absolute limit) (12 months after)
- Death penalty habeas: notice of appeal from superior court decision on initial petition (30 days after)
- Death penalty habeas: notice of appeal from decision on successive petition (30 days after)
- Death penalty habeas in superior court: ruling (informal response request, OSC, or denial) within 60 days after filing or transfer (60 days after)
- Death penalty habeas: informal written response within 45 days of the court’s request (45 days after)
- Death penalty habeas: reply to informal response within 30 days (30 days after)
- Death penalty habeas: court issues OSC or denies within 30 days after reply (or after reply period) (30 days after)
- Death penalty habeas: return within 45 days after order to show cause (45 days after)
Local rules by county
County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.
- Alameda
- Alpine
- Amador
- Butte
- Calaveras
- Colusa
- Contra Costa
- Del Norte
- El Dorado
- Fresno
- Glenn
- Humboldt
- Imperial
- Inyo
- Kern
- Kings
- Lake
- Lassen
- Los Angeles
- Madera
- Marin
- Mariposa
- Mendocino
- Merced
- Modoc
- Mono
- Monterey
- Napa
- Nevada
- Orange
- Placer
- Plumas
- Riverside
- Sacramento
- San Benito
- San Bernardino
- San Diego
- San Francisco
- San Joaquin
- San Luis Obispo
- San Mateo
- Santa Barbara
- Santa Clara
- Santa Cruz
- Shasta
- Sierra
- Siskiyou
- Solano
- Sonoma
- Stanislaus
- Sutter
- Tehama
- Trinity
- Tulare
- Tuolumne
- Ventura
- Yolo
- Yuba
Rules current as of 2026-10-25. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.