Earliest appearance date on a citation (notice to appear)
10 days after date of arrest and release on a written notice to appear (citation), under Cal. Pen. Code 853.6(b).
Rule text
(b) Unless waived by the person, the time specified in the notice to appear shall be at least 10 days after arrest if the duplicate notice is to be filed by the officer with the magistrate.
Calculate this deadline
- Trigger (Date of arrest and release on a written notice to appear (citation)): Friday, November 6, 2026.
- Exclude the trigger day and count 10 calendar days: Monday, November 16, 2026.
Cal. Pen. Code 853.6(b)
(b) Unless waived by the person, the time specified in the notice to appear shall be at least 10 days after arrest if the duplicate notice is to be filed by the officer with the magistrate.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
- Result is the EARLIEST permissible appearance date, not a filing deadline. Applies only when the duplicate notice is to be filed with the magistrate; waivable. Two versions of 853.6 exist on leginfo: the version amended by Stats. 2024, ch. 168, sec. 5 (effective January 1, 2025, repealed January 1, 2031) is quoted; a later-operative version (sec. 6) takes effect when the first is repealed and was not reviewed. Vehicle Code citations (Veh. Code 40500 et seq.) have their own provisions, 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 of arrest and release on a written notice to appear (citation) on Monday, March 15, 2027, personal service: due Thursday, March 25, 2027.
- Trigger (Date of arrest and release on a written notice to appear (citation)): Monday, March 15, 2027.
- Exclude the trigger day and count 10 calendar days: Thursday, March 25, 2027.
Notes
Result is the EARLIEST permissible appearance date, not a filing deadline. Applies only when the duplicate notice is to be filed with the magistrate; waivable. Two versions of 853.6 exist on leginfo: the version amended by Stats. 2024, ch. 168, sec. 5 (effective January 1, 2025, repealed January 1, 2031) is quoted; a later-operative version (sec. 6) takes effect when the first is repealed and was not reviewed. Vehicle Code citations (Veh. Code 40500 et seq.) have their own provisions, not modeled.
Related deadlines
- Preliminary examination within 10 court days of arraignment or plea (10 court days after)
- Preliminary examination: 60-day outer limit (60 days after)
- Suppression motion at preliminary examination: file and personally serve (5 court days before)
- People's written response to suppression motion at preliminary examination (2 court days before)
- Information must be filed within 15 days after holding order (15 days after)
- Plea or notice of intent to demur after arraignment on information or indictment (7 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.