Defendant's writ petition after denial of suppression motion at special hearing (felony)

30 days after date the motion was denied at the 1538.5 special hearing, under Cal. Pen. Code 1538.5(i).

Rule text

After the special hearing is held, any review thereafter desired by the defendant prior to trial shall be by means of an extraordinary writ of mandate or prohibition filed within 30 days after the denial of his or her motion at the special hearing.

Cal. Pen. Code 1538.5(i), official source

Calculate this deadline

Deadline
Monday, December 7, 2026
  1. Trigger (Date the motion was denied at the 1538.5 special hearing): Friday, November 6, 2026.
  2. Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
  3. That day is a Sunday, so the deadline moves to the next court day: Monday, December 7, 2026 (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 1538.5(i)
After the special hearing is held, any review thereafter desired by the defendant prior to trial shall be by means of an extraordinary writ of mandate or prohibition filed within 30 days after the denial of his or her motion at the special 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
  • Pretrial review only; the ruling may still be raised on appeal after conviction, including after a guilty plea (1538.5(m)). Pen. Code 1510 timing must also be satisfied.
  • 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 motion was denied at the 1538.5 special hearing on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.

  1. Trigger (Date the motion was denied at the 1538.5 special hearing): Monday, March 15, 2027.
  2. Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.

Notes

Pretrial review only; the ruling may still be raised on appeal after conviction, including after a guilty plea (1538.5(m)). Pen. Code 1510 timing must also be satisfied.

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.