Delinquency prima facie rehearing: within 3 judicial days of request
3 court days after date evidence of the prima facie case was requested (normally at the detention hearing), under Welf. & Inst. Code 637; Cal. Rules of Court, rule 5.764(a).
Rule text
WIC 637: "If the minor or, if the minor is represented by an attorney, the minor’s attorney, requests evidence of the prima facie case, a rehearing shall be held within three judicial days to consider evidence of the prima facie case. If the prima facie case is not established, the minor shall be released from detention." CRC 5.764(a): "the court must set a prima facie hearing for a time within three court days to consider evidence of the prima facie case."
Welf. & Inst. Code 637; Cal. Rules of Court, rule 5.764(a), official source
Calculate this deadline
- Trigger (Date evidence of the prima facie case was requested (normally at the detention hearing)): Friday, November 6, 2026.
- Count 3 court days (Saturdays, Sundays, and court holidays are not counted): Thursday, November 12, 2026.
Welf. & Inst. Code 637; Cal. Rules of Court, rule 5.764(a)
WIC 637: "If the minor or, if the minor is represented by an attorney, the minor’s attorney, requests evidence of the prima facie case, a rehearing shall be held within three judicial days to consider evidence of the prima facie case. If the prima facie case is not established, the minor shall be released from detention." CRC 5.764(a): "the court must set a prima facie hearing for a time within three court days to consider evidence of the prima facie case."Official source
Code Civ. Proc. 12, 12a, 10, 133-135; Gov. Code 6800; Cal. Rules of Court, rule 1.10. 'Judicial day' / 'court day': not defined in WIC or CRC 5.502.
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." 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." CCP 133: "Courts of justice may be held and judicial business transacted on any day, except as provided in this article." 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." 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
- Witness-unavailability continuance of up to 5 judicial days allowed (637; CRC 5.764(b)); start point unclear (not modeled).
- 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 evidence of the prima facie case was requested (normally at the detention hearing) on Monday, March 15, 2027, personal service: due Thursday, March 18, 2027.
- Trigger (Date evidence of the prima facie case was requested (normally at the detention hearing)): Monday, March 15, 2027.
- Count 3 court days (Saturdays, Sundays, and court holidays are not counted): Thursday, March 18, 2027.
Notes
Witness-unavailability continuance of up to 5 judicial days allowed (637; CRC 5.764(b)); start point unclear (not modeled).
Related deadlines
- Delinquency detention hearing: before end of next judicial day after petition filed (1 court day after)
- Delinquency initial hearing (child not detained): within 15 court days of petition (15 court days after)
- Delinquency jurisdiction hearing (detained): begin within 15 judicial days of detention order (15 court days after)
- Delinquency jurisdiction hearing (not detained): begin within 30 calendar days of petition (30 days after)
- Delinquency jurisdiction hearing (warrant case, not detained): 30 days after initial appearance (30 days after)
- Notice of delinquency hearing and petition (minor detained): at least 5 days before (5 days before)
- Notice of delinquency hearing and petition (minor not detained): at least 10 days before (10 days before)
- Continued delinquency hearing must commence on the continued date or within 7 days thereafter (7 days after)
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
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- Tuolumne
- Ventura
- Yolo
- Yuba
Rules current as of 2026-10-26. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.