Preliminary examination within 10 court days of arraignment or plea

10 court days after date of arraignment on the felony complaint or plea, whichever is later (or reinstatement of proceedings under pen. code 1367 et seq.), under Cal. Pen. Code 859b.

Rule text

Both the defendant and the people have the right to a preliminary examination at the earliest possible time, and unless both waive that right or good cause for a continuance is found as provided for in Section 1050, the preliminary examination shall be held within 10 court days of the date the defendant is arraigned or pleads, whichever occurs later, or within 10 court days of the date criminal proceedings are reinstated pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2.Whenever the defendant is in custody, the magistrate shall dismiss the complaint if the preliminary examination is set or continued beyond 10 court days from the time of the arraignment, plea, or reinstatement of criminal proceedings pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2, and the defendant has remained in custody for 10 or more court days solely on that complaint, unless either of the following occur:(a) The defendant personally waives his or her right to preliminary examination within the 10 court days.(b) The prosecution establishes good cause for a continuance beyond the 10-court-day period.

Cal. Pen. Code 859b, official source

Calculate this deadline

Deadline
Monday, November 23, 2026
  1. Trigger (Date of arraignment on the felony complaint or plea, whichever is later (or reinstatement of proceedings under Pen. Code 1367 et seq.)): Friday, November 6, 2026.
  2. Count 10 court days (Saturdays, Sundays, and court holidays are not counted): Monday, November 23, 2026.
Rules applied
Cal. Pen. Code 859b
Both the defendant and the people have the right to a preliminary examination at the earliest possible time, and unless both waive that right or good cause for a continuance is found as provided for in Section 1050, the preliminary examination shall be held within 10 court days of the date the defendant is arraigned or pleads, whichever occurs later, or within 10 court days of the date criminal proceedings are reinstated pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2.Whenever the defendant is in custody, the magistrate shall dismiss the complaint if the preliminary examination is set or continued beyond 10 court days from the time of the arraignment, plea, or reinstatement of criminal proceedings pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2, and the defendant has remained in custody for 10 or more court days solely on that complaint, unless either of the following occur:(a) The defendant personally waives his or her right to preliminary examination within the 10 court days.(b) The prosecution establishes good cause for a continuance beyond the 10-court-day period.
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
  • Dismissal is mandatory for an in-custody defendant held 10 or more court days solely on the complaint, absent personal waiver or good cause; a good-cause continuance under the child-abuse/sex-offense provision is limited to 3 additional court days. If set beyond 10 court days, the defendant must be released under Pen. Code 1318 unless one of six listed exceptions applies. Time waivers are common; the user must track waivers. See also preliminary_examination_60_day_limit.
  • 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 arraignment on the felony complaint or plea, whichever is later (or reinstatement of proceedings under Pen. Code 1367 et seq.) on Monday, March 15, 2027, personal service: due Monday, March 29, 2027.

  1. Trigger (Date of arraignment on the felony complaint or plea, whichever is later (or reinstatement of proceedings under Pen. Code 1367 et seq.)): Monday, March 15, 2027.
  2. Count 10 court days (Saturdays, Sundays, and court holidays are not counted): Monday, March 29, 2027.

Notes

Dismissal is mandatory for an in-custody defendant held 10 or more court days solely on the complaint, absent personal waiver or good cause; a good-cause continuance under the child-abuse/sex-offense provision is limited to 3 additional court days. If set beyond 10 court days, the defendant must be released under Pen. Code 1318 unless one of six listed exceptions applies. Time waivers are common; the user must track waivers. See also preliminary_examination_60_day_limit.

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.