Earliest day to seek a court order on discovery (after the 15-day informal request period)

15 days after date the informal request for discovery was made to opposing counsel, under Cal. Pen. Code 1054.5(b).

Rule text

(b) Before a party may seek court enforcement of any of the disclosures required by this chapter, the party shall make an informal request of opposing counsel for the desired materials and information. If within 15 days the opposing counsel fails to provide the materials and information requested, the party may seek a court order.

Cal. Pen. Code 1054.5(b), official source

Calculate this deadline

Deadline
Tuesday, November 24, 2026
  1. Trigger (Date the informal request for discovery was made to opposing counsel): Friday, November 6, 2026.
  2. Exclude the trigger day and count 15 calendar days: Saturday, November 21, 2026.
  3. That day is a Saturday, so the deadline moves to the next court day: Monday, November 23, 2026 (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)).
  4. The period includes its last day, so the earliest day to act is the next court day: Tuesday, November 24, 2026.
Rules applied
Cal. Pen. Code 1054.5(b)
(b) Before a party may seek court enforcement of any of the disclosures required by this chapter, the party shall make an informal request of opposing counsel for the desired materials and information. If within 15 days the opposing counsel fails to provide the materials and information requested, the party may seek a court order.
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
  • The computed 15-day period is the time the other side has to provide the materials; a motion may be filed only after it runs, so the result is the next court day. (the request is a prerequisite, not a meet-and-confer before a motion hearing). The statute says 'make' a request, not 'serve'; no service extension applied (if served electronically, CCP 1010.6(a)(3)(B) via Pen. Code 690.5 might add 2 court days, UNVERIFIED).
  • 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.
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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 informal request for discovery was made to opposing counsel on Monday, March 15, 2027, personal service: due Wednesday, March 31, 2027.

  1. Trigger (Date the informal request for discovery was made to opposing counsel): Monday, March 15, 2027.
  2. Exclude the trigger day and count 15 calendar days: Tuesday, March 30, 2027.
  3. The period includes its last day, so the earliest day to act is the next court day: Wednesday, March 31, 2027.

Notes

The computed 15-day period is the time the other side has to provide the materials; a motion may be filed only after it runs, so the result is the next court day. (the request is a prerequisite, not a meet-and-confer before a motion hearing). The statute says 'make' a request, not 'serve'; no service extension applied (if served electronically, CCP 1010.6(a)(3)(B) via Pen. Code 690.5 might add 2 court days, UNVERIFIED).

Related deadlines

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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.