Trial or sentencing within 90 days after prisoner's written demand (in-state)

90 days after date the imprisoned defendant delivered to the district attorney written notice of place of imprisonment and desire to be brought to trial or for sentencing, under Cal. Pen. Code 1381.

Rule text

the district attorney of the county in which the matters are pending shall bring the defendant to trial or for sentencing within 90 days after the person shall have delivered to said district attorney written notice of the place of his or her imprisonment or commitment and his or her desire to be brought to trial or for sentencing unless a continuance beyond the 90 days is requested or consented to by the person, in open court, and the request or consent entered upon the minutes of the court in which event the 90-day period shall commence to run anew from the date to which the consent or request continued the trial or sentencing.

Cal. Pen. Code 1381, official source

Calculate this deadline

Deadline
Thursday, February 4, 2027
  1. Trigger (Date the imprisoned defendant delivered to the district attorney written notice of place of imprisonment and desire to be brought to trial or for sentencing): Friday, November 6, 2026.
  2. Exclude the trigger day and count 90 calendar days: Thursday, February 4, 2027.
Rules applied
Cal. Pen. Code 1381
the district attorney of the county in which the matters are pending shall bring the defendant to trial or for sentencing within 90 days after the person shall have delivered to said district attorney written notice of the place of his or her imprisonment or commitment and his or her desire to be brought to trial or for sentencing unless a continuance beyond the 90 days is requested or consented to by the person, in open court, and the request or consent entered upon the minutes of the court in which event the 90-day period shall commence to run anew from the date to which the consent or request continued the trial or sentencing.
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
  • Applies to defendants serving state prison, or more than 90 days in county jail (including as a probation condition), or certain commitments. Runs from DELIVERY to the DA, not mailing. If the defendant requests or consents in open court to a continuance, the 90 days run anew from the continued date. Dismissal on motion or the court's own motion.
  • 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 imprisoned defendant delivered to the district attorney written notice of place of imprisonment and desire to be brought to trial or for sentencing on Monday, March 15, 2027, personal service: due Monday, June 14, 2027.

  1. Trigger (Date the imprisoned defendant delivered to the district attorney written notice of place of imprisonment and desire to be brought to trial or for sentencing): Monday, March 15, 2027.
  2. Exclude the trigger day and count 90 calendar days: Sunday, June 13, 2027.
  3. That day is a Sunday, so the deadline moves to the next court day: Monday, June 14, 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

Applies to defendants serving state prison, or more than 90 days in county jail (including as a probation condition), or certain commitments. Runs from DELIVERY to the DA, not mailing. If the defendant requests or consents in open court to a continuance, the 90 days run anew from the continued date. Dismissal on motion or the court's own motion.

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.