Superior court habeas: reply to informal response (15 days after service of response)

15 days after date the informal response was served on petitioner or counsel, under Cal. Rules of Court, rule 4.551(b)(3), (b)(4).

Rule text

(b)(3) The informal response must be in writing and must be served and filed within 15 days. If the petitioner is not represented by counsel in the habeas corpus proceeding, the informal response must be served on the petitioner. If the petitioner is represented by counsel in the habeas corpus proceeding, the informal response must be served on the petitioner's counsel. If any informal response is filed, the court must notify the petitioner that a reply may be filed within 15 days from the date of service of the response on the petitioner or counsel. (4) After receiving an informal response, the court may not deny the petition until the petitioner has filed a timely reply to the informal response or the 15-day period provided for a reply under (b)(2) has expired.

Cal. Rules of Court, rule 4.551(b)(3), (b)(4), official source

Calculate this deadline

Deadline
Monday, November 23, 2026
  1. Trigger (Date the informal response was served on petitioner or 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)).
Rules applied
Cal. Rules of Court, rule 4.551(b)(3), (b)(4)
(b)(3) The informal response must be in writing and must be served and filed within 15 days. If the petitioner is not represented by counsel in the habeas corpus proceeding, the informal response must be served on the petitioner. If the petitioner is represented by counsel in the habeas corpus proceeding, the informal response must be served on the petitioner's counsel. If any informal response is filed, the court must notify the petitioner that a reply may be filed within 15 days from the date of service of the response on the petitioner or counsel. (4) After receiving an informal response, the court may not deny the petition until the petitioner has filed a timely reply to the informal response or the 15-day period provided for a reply under (b)(2) has expired.
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 quote omits intervening text from the rule. Runs from service of the response. No mail extension is stated; whether CCP 1013 adds days to a mailed response in a criminal habeas proceeding is not addressed (unextended date shown). (b)(4) cross-refers to '(b)(2)' though the reply period is in (b)(3); quoted as published. Rule 4.551 as amended effective July 1, 2026 (2026 edition on courts.ca.gov). Under 4.551(i) the court may shorten or extend any time under the rule for good cause. Last-day roll per CRC 1.10 / CCP 12a.
  • 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 informal response was served on petitioner or counsel on Monday, March 15, 2027, personal service: due Tuesday, March 30, 2027.

  1. Trigger (Date the informal response was served on petitioner or counsel): Monday, March 15, 2027.
  2. Exclude the trigger day and count 15 calendar days: Tuesday, March 30, 2027.

Unsettled points

  • The calculator shows 15 days from service of the informal response with no mail days, the earlier date.Other reading: If CCP 1013 applies to a mailed informal response, the reply is due 5 days later.

Notes

The quote omits intervening text from the rule. Runs from service of the response. No mail extension is stated; whether CCP 1013 adds days to a mailed response in a criminal habeas proceeding is not addressed (unextended date shown). (b)(4) cross-refers to '(b)(2)' though the reply period is in (b)(3); quoted as published. Rule 4.551 as amended effective July 1, 2026 (2026 edition on courts.ca.gov). Under 4.551(i) the court may shorten or extend any time under the rule for good cause. Last-day roll per CRC 1.10 / CCP 12a.

Related deadlines

All California criminal deadlines

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.

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.