Superior court habeas: court must rule within 60 days after amended petition filed

60 days after date the amended habeas petition (pen. code 745 claim, or amended with leave) was filed, under Cal. Rules of Court, rule 4.551(a)(5)(B).

Rule text

(a)(5)(B) When an unadjudicated habeas corpus petition is amended to include a claim under section 745, or otherwise amended with leave of court, the time to rule on a petition for writ of habeas corpus is extended to 60 days from the date the amended petition was filed.

Cal. Rules of Court, rule 4.551(a)(5)(B), official source

Calculate this deadline

Deadline
Tuesday, January 5, 2027
  1. Trigger (Date the amended habeas petition (Pen. Code 745 claim, or amended with leave) was filed): Friday, November 6, 2026.
  2. Exclude the trigger day and count 60 calendar days: Tuesday, January 5, 2027.
Rules applied
Cal. Rules of Court, rule 4.551(a)(5)(B)
(a)(5)(B) When an unadjudicated habeas corpus petition is amended to include a claim under section 745, or otherwise amended with leave of court, the time to rule on a petition for writ of habeas corpus is extended to 60 days from the date the amended petition was filed.
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
  • Replaces habeas_sc_ruling_due_60_days when the petition is amended. 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 amended habeas petition (Pen. Code 745 claim, or amended with leave) was filed on Monday, March 15, 2027, personal service: due Friday, May 14, 2027.

  1. Trigger (Date the amended habeas petition (Pen. Code 745 claim, or amended with leave) was filed): Monday, March 15, 2027.
  2. Exclude the trigger day and count 60 calendar days: Friday, May 14, 2027.

Notes

Replaces habeas_sc_ruling_due_60_days when the petition is amended. 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.