Misdemeanor: time for pronouncing judgment not more than 5 days after verdict or plea
5 days after date of the guilty plea, finding, or verdict, under Cal. Pen. Code 1449.
Rule text
In a misdemeanor or infraction case, after a plea, finding, or verdict of guilty, or after a finding or verdict against the defendant on a plea of former conviction or acquittal, or once in jeopardy, the court shall appoint a time for pronouncing judgment which shall be not less than six hours, nor more than five days, after the verdict or plea of guilty, unless the defendant waives the postponement. The court may extend the time for not more than 10 days for the purpose of hearing or determining any motion for a new trial, or in arrest of judgment. The court also may extend the time for not more than 20 judicial days if probation is considered. Upon request of the defendant or the probation officer, that time may be further extended for not more than 90 additional days.
Calculate this deadline
- Trigger (Date of the guilty plea, finding, or verdict): Friday, November 6, 2026.
- Exclude the trigger day and count 5 calendar days: Wednesday, November 11, 2026.
- That day is a Veterans Day, so the deadline moves to the next court day: Thursday, November 12, 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)).
Cal. Pen. Code 1449
In a misdemeanor or infraction case, after a plea, finding, or verdict of guilty, or after a finding or verdict against the defendant on a plea of former conviction or acquittal, or once in jeopardy, the court shall appoint a time for pronouncing judgment which shall be not less than six hours, nor more than five days, after the verdict or plea of guilty, unless the defendant waives the postponement. The court may extend the time for not more than 10 days for the purpose of hearing or determining any motion for a new trial, or in arrest of judgment. The court also may extend the time for not more than 20 judicial days if probation is considered. Upon request of the defendant or the probation officer, that time may be further extended for not more than 90 additional days.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
- Minimum of six hours is not modeled (hours). Extensions (10 days for new trial or arrest of judgment, 20 judicial days if probation is considered, plus up to 90 more days on request) are not modeled; whether they run from the verdict or from the 5-day date is AMBIGUOUS. Waivable by the defendant.
- 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 the guilty plea, finding, or verdict on Monday, March 15, 2027, personal service: due Monday, March 22, 2027.
- Trigger (Date of the guilty plea, finding, or verdict): Monday, March 15, 2027.
- Exclude the trigger day and count 5 calendar days: Saturday, March 20, 2027.
- That day is a Saturday, so the deadline moves to the next court day: Monday, March 22, 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
Minimum of six hours is not modeled (hours). Extensions (10 days for new trial or arrest of judgment, 20 judicial days if probation is considered, plus up to 90 more days on request) are not modeled; whether they run from the verdict or from the 5-day date is AMBIGUOUS. Waivable by the defendant.
Related deadlines
- Felony: time for pronouncing judgment within 20 judicial days after verdict or plea (20 court days after)
- Felony probation report available to court and counsel (5 days before)
- Felony probation report available 9 days before hearing (on request) (9 days before)
- Statement in aggravation or mitigation: file and serve (4 days before)
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.