Motion to vacate for fraud or false evidence by government official (Pen. Code 1473.6): within 1 year of discovery

12 months after later of the dates in 1473.6(d), e.g., date moving party discovered (or with due diligence could have discovered) additional evidence of the misconduct, under Cal. Pen. Code 1473.6(d).

Rule text

(d) A motion pursuant to this section must be filed within one year of the later of the following:(1) The date the moving party discovered, or could have discovered with the exercise of due diligence, additional evidence of the misconduct

Cal. Pen. Code 1473.6(d), official source

Calculate this deadline

Deadline
Monday, November 8, 2027
  1. Trigger (Later of the dates in 1473.6(d), e.g., date moving party discovered (or with due diligence could have discovered) additional evidence of the misconduct): Friday, November 6, 2026.
  2. Add 12 months: Saturday, November 6, 2027.
  3. That day is a Saturday, so the deadline moves to the next court day: Monday, November 8, 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)).
Rules applied
Cal. Pen. Code 1473.6(d)
(d) A motion pursuant to this section must be filed within one year of the later of the following:(1) The date the moving party discovered, or could have discovered with the exercise of due diligence, additional evidence of the misconduct
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
  • 'Later of' alternatives: enter the latest qualifying date. Only paragraph (1) is quoted; read the full subdivision for the other trigger.
  • 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

Later of the dates in 1473.6(d), e.g., date moving party discovered (or with due diligence could have discovered) additional evidence of the misconduct on Monday, March 15, 2027, personal service: due Wednesday, March 15, 2028.

  1. Trigger (Later of the dates in 1473.6(d), e.g., date moving party discovered (or with due diligence could have discovered) additional evidence of the misconduct): Monday, March 15, 2027.
  2. Add 12 months: Wednesday, March 15, 2028.

Notes

'Later of' alternatives: enter the latest qualifying date. Only paragraph (1) is quoted; read the full subdivision for the other trigger.

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.