Post-conviction DNA testing motion (Pen. Code 1405): responses due within 90 days of service on AG and DA
90 days after date the attorney general and district attorney were served with the motion (use the later), under Cal. Pen. Code 1405(d).
Rule text
Responses, if any, shall be filed within 90 days of the date on which the Attorney General and the district attorney are served with the motion, unless a continuance is granted for good cause.
Calculate this deadline
- Trigger (Date the Attorney General and district attorney were served with the motion (use the later)): Friday, November 6, 2026.
- Exclude the trigger day and count 90 calendar days: Thursday, February 4, 2027.
Cal. Pen. Code 1405(d)
Responses, if any, shall be filed within 90 days of the date on which the Attorney General and the district attorney are served with the motion, unless a continuance is granted for good cause.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
- Paragraph number within (d) not verified. Either party may request an additional 60 days to brief 1405(g) issues (1405(f); not modeled).
- 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 Attorney General and district attorney were served with the motion (use the later) on Monday, March 15, 2027, personal service: due Monday, June 14, 2027.
- Trigger (Date the Attorney General and district attorney were served with the motion (use the later)): Monday, March 15, 2027.
- Exclude the trigger day and count 90 calendar days: Sunday, June 13, 2027.
- That day is a Sunday, so the deadline moves to the next court day: Monday, June 14, 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)).
Notes
Paragraph number within (d) not verified. Either party may request an additional 60 days to brief 1405(g) issues (1405(f); not modeled).
Related deadlines
- Dismissal for misdemeanor without probation or infraction (Pen. Code 1203.4a): earliest petition (1 year after judgment) (12 months after)
- Dismissal after 1170(h) county jail sentence, split sentence (1170(h)(5)(B)): earliest relief 1 year after completion (12 months after)
- Dismissal after 1170(h) county jail sentence, straight term (1170(h)(5)(A)): earliest relief 2 years after completion (24 months after)
- Dismissal for pre-realignment prison sentence that would now be a 1170(h) sentence (Pen. Code 1203.42): earliest relief 2 years after completion (24 months after)
- Dismissal for fire camp / firefighter program participants (Pen. Code 1203.4b): 15 days’ notice to prosecutor (15 days after)
- Automatic conviction relief (Pen. Code 1203.425): prosecutor or probation petition to prohibit relief, no later than 90 calendar days before eligibility (90 days before)
- Automatic conviction relief: hearing on prosecutor or probation petition within 45 days after filing (45 days after)
- Military-related trauma resentencing petition (Pen. Code 1170.91(b)): hearing not less than 15 days after notice (15 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.