Pen. Code 1172.6 resentencing petition: prosecutor files and serves response
60 days after date the facially sufficient 1172.6 petition was served on the prosecutor, under Cal. Pen. Code 1172.6(c).
Rule text
(c) Within 60 days after service of a petition that meets the requirements set forth in subdivision (b), the prosecutor shall file and serve a response. The petitioner may file and serve a reply within 30 days after the prosecutor's response is served. These deadlines shall be extended for good cause.
Calculate this deadline
- Trigger (Date the facially sufficient 1172.6 petition was served on the prosecutor): Friday, November 6, 2026.
- Exclude the trigger day and count 60 calendar days: Tuesday, January 5, 2027.
Cal. Pen. Code 1172.6(c)
(c) Within 60 days after service of a petition that meets the requirements set forth in subdivision (b), the prosecutor shall file and serve a response. The petitioner may file and serve a reply within 30 days after the prosecutor's response is served. These deadlines shall be extended for good cause.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 a petition meeting 1172.6(b) requirements. Renumbered from 1170.95 by Stats. 2022, ch. 58 (AB 200), eff. June 30, 2022. Deadlines 'shall be extended for good cause'; check for any order. No CCP 1013 add-on stated.
- 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 facially sufficient 1172.6 petition was served on the prosecutor on Monday, March 15, 2027, personal service: due Friday, May 14, 2027.
- Trigger (Date the facially sufficient 1172.6 petition was served on the prosecutor): Monday, March 15, 2027.
- Exclude the trigger day and count 60 calendar days: Friday, May 14, 2027.
Notes
Applies to a petition meeting 1172.6(b) requirements. Renumbered from 1170.95 by Stats. 2022, ch. 58 (AB 200), eff. June 30, 2022. Deadlines 'shall be extended for good cause'; check for any order. No CCP 1013 add-on stated.
Related deadlines
- Pen. Code 1172.6 resentencing petition: petitioner reply (30 days after)
- Pen. Code 1172.6: evidentiary (resentencing) hearing within 60 days after OSC (60 days after)
- Expungement petition (1203.4, 1203.41, 1203.42): earliest date relief may be granted after notice to prosecutor (15 days after)
- Expungement petition (1203.4, 1203.41, 1203.42): last day to give prosecutor 15 days notice before hearing (15 days before)
- Infraction dismissal (1203.4a(f)): earliest date relief may be granted after notice to prosecutor (15 days after)
- Factual innocence (851.8(b)): agency petition deemed denied 60 days after receipt (SOL already lapsed) (60 days after)
- Factual innocence (851.8(b)): agency petition deemed denied 60 days after statute of limitations runs (60 days after)
- Factual innocence court petition (no accusatory pleading; 851.8(b)): serve agency and prosecutor before hearing (10 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.