Pitchess motion (criminal): serve and file written notice on custodian agency

10 court days before hearing date on the pitchess motion, under Cal. Evid. Code 1043(a)(2).

Rule text

(a) In any case in which discovery or disclosure is sought of peace or custodial officer personnel records or records maintained pursuant to Section 832.5 of the Penal Code or information from those records, the party seeking the discovery or disclosure shall file a written motion with the appropriate court or administrative body upon written notice to the governmental agency that has custody and control of the records, as follows: ... (2) In a criminal action, the written notice shall be served and filed at least 10 court days before the hearing. All papers opposing a motion so noticed shall be filed with the court at least five court days, and all reply papers at least two court days, before the hearing. Proof of service of the notice shall be filed no later than five court days before the hearing.

Cal. Evid. Code 1043(a)(2), official source

Calculate this deadline

Deadline
Friday, October 23, 2026
  1. Trigger (Hearing date on the Pitchess motion): Friday, November 6, 2026.
  2. Count back 10 court days (Saturdays, Sundays, and court holidays are not counted): Friday, October 23, 2026.
Rules applied
Cal. Evid. Code 1043(a)(2)
(a) In any case in which discovery or disclosure is sought of peace or custodial officer personnel records or records maintained pursuant to Section 832.5 of the Penal Code or information from those records, the party seeking the discovery or disclosure shall file a written motion with the appropriate court or administrative body upon written notice to the governmental agency that has custody and control of the records, as follows: ... (2) In a criminal action, the written notice shall be served and filed at least 10 court days before the hearing. All papers opposing a motion so noticed shall be filed with the court at least five court days, and all reply papers at least two court days, before the hearing. Proof of service of the notice shall be filed no later than five court days before the hearing.
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
  • Notice must be served AND filed. Criminal actions only (Evid. Code 1043(a)(2)). In a civil action notice follows CCP 1005(b) (1043(a)(1)); use the existing civil motion rules for civil Pitchess motions. Notice runs to the governmental agency with custody of the records. No hearing without full compliance unless good cause or agency waiver (1043(d)). No CCP 1005/1013 mail add-on is stated in 1043(a)(2); calculator shows the unextended count. Amended by Stats. 2019, ch. 585 (AB 1600), eff. Jan. 1, 2020.
  • 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

Hearing date on the Pitchess motion on Monday, March 15, 2027, personal service: due Monday, March 1, 2027.

  1. Trigger (Hearing date on the Pitchess motion): Monday, March 15, 2027.
  2. Count back 10 court days (Saturdays, Sundays, and court holidays are not counted): Monday, March 1, 2027.

Notes

Notice must be served AND filed. Criminal actions only (Evid. Code 1043(a)(2)). In a civil action notice follows CCP 1005(b) (1043(a)(1)); use the existing civil motion rules for civil Pitchess motions. Notice runs to the governmental agency with custody of the records. No hearing without full compliance unless good cause or agency waiver (1043(d)). No CCP 1005/1013 mail add-on is stated in 1043(a)(2); calculator shows the unextended count. Amended by Stats. 2019, ch. 585 (AB 1600), eff. Jan. 1, 2020.

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.