Felony trial within 60 days of arraignment on information or indictment
60 days after date of arraignment on the information or indictment (or reinstatement of proceedings under pen. code 1367 et seq.), under Cal. Pen. Code 1382(a)(2).
Rule text
(2) In a felony case, when a defendant is not brought to trial within 60 days of the defendant’s arraignment on an indictment or information, or reinstatement of criminal proceedings pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2, ... However, an action shall not be dismissed under this paragraph if either of the following circumstances exists:(A) The defendant enters a general waiver of the 60-day trial requirement. ... (B) The defendant requests or consents to the setting of a trial date beyond the 60-day period.
Calculate this deadline
- Trigger (Date of arraignment on the information or indictment (or reinstatement of proceedings under Pen. Code 1367 et seq.)): Friday, November 6, 2026.
- Exclude the trigger day and count 60 calendar days: Tuesday, January 5, 2027.
Cal. Pen. Code 1382(a)(2)
(2) In a felony case, when a defendant is not brought to trial within 60 days of the defendant’s arraignment on an indictment or information, or reinstatement of criminal proceedings pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2, ... However, an action shall not be dismissed under this paragraph if either of the following circumstances exists:(A) The defendant enters a general waiver of the 60-day trial requirement. ... (B) The defendant requests or consents to the setting of a trial date beyond the 60-day period.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
- Last day to bring the defendant to trial absent good cause, a general time waiver, or consent. Does not apply while a general waiver is in effect. If the defendant consented to a date beyond 60 days, see felony_trial_10_day_grace_period. Whether CCP 12a extends a last day falling on a weekend or holiday, and what 'brought to trial' means (e.g., jury panel sworn for voir dire), are case-law questions (UNVERIFIED). Pen. Code 1382(c): an unrepresented defendant is not deemed to consent unless the court explained the rights.
- 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 arraignment on the information or indictment (or reinstatement of proceedings under Pen. Code 1367 et seq.) on Monday, March 15, 2027, personal service: due Friday, May 14, 2027.
- Trigger (Date of arraignment on the information or indictment (or reinstatement of proceedings under Pen. Code 1367 et seq.)): Monday, March 15, 2027.
- Exclude the trigger day and count 60 calendar days: Friday, May 14, 2027.
Notes
Last day to bring the defendant to trial absent good cause, a general time waiver, or consent. Does not apply while a general waiver is in effect. If the defendant consented to a date beyond 60 days, see felony_trial_10_day_grace_period. Whether CCP 12a extends a last day falling on a weekend or holiday, and what 'brought to trial' means (e.g., jury panel sworn for voir dire), are case-law questions (UNVERIFIED). Pen. Code 1382(c): an unrepresented defendant is not deemed to consent unless the court explained the rights.
Related deadlines
- Felony trial date must be set within 60 days of superior court arraignment (60 days after)
- Felony trial: 10-day grace period after a date set beyond 60 days by consent (10 days after)
- Felony trial within 60 days after withdrawal of general time waiver (60 days after)
- Felony retrial within 60 days after mistrial (60 days after)
- Felony retrial within 60 days after order granting new trial (60 days after)
- Felony retrial within 60 days after remittitur filed (60 days after)
- Felony retrial within 60 days after writ or order effectively granting new trial (60 days after)
- Felony: 90 days when DA resubmits for preliminary examination after reversal of guilty plea (90 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.