Section 388 petition (request to change court order): hearing within 30 calendar days of filing
30 days after date the section 388 petition was filed, under Cal. Rules of Court, rule 5.570(f).
Rule text
If there is no such stipulation and the petition has not been denied ex parte under section (d), the court must either: (1) order that a hearing on the petition be held within 30 calendar days after the petition is filed; or (2) order a hearing for the parties to argue whether an evidentiary hearing on the petition should be granted or denied. If the court then grants an evidentiary hearing on the petition, that hearing must be held within 30 calendar days after the petition is filed.
Calculate this deadline
- Trigger (Date the section 388 petition was filed): Friday, November 6, 2026.
- Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
- That day is a Sunday, so the deadline moves to the next court day: Friday, December 4, 2026 (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.).
Cal. Rules of Court, rule 5.570(f)
If there is no such stipulation and the petition has not been denied ex parte under section (d), the court must either: (1) order that a hearing on the petition be held within 30 calendar days after the petition is filed; or (2) order a hearing for the parties to argue whether an evidentiary hearing on the petition should be granted or denied. If the court then grants an evidentiary hearing on the petition, that hearing must be held within 30 calendar days after the petition is filed.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
- No deadline to FILE a 388 petition. The 30 days run from filing under both alternatives. Whether rule 5.570 also governs WIC 778 petitions was not verified. Nonminor reentry petitions under WIC 388(e) have their own 15-judicial-day rule (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 the section 388 petition was filed on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.
- Trigger (Date the section 388 petition was filed): Monday, March 15, 2027.
- Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.
Unsettled points
- These are court-set dates; the calculator shows the last court day inside each statutory window, the date a court is most likely to use, and labels it court-set.Other reading: If CCP 12a extends these windows, a weekend or holiday last day rolls forward and the hearing may be one to three days later.
Notes
No deadline to FILE a 388 petition. The 30 days run from filing under both alternatives. Whether rule 5.570 also governs WIC 778 petitions was not verified. Nonminor reentry petitions under WIC 388(e) have their own 15-judicial-day rule (not modeled).
Related deadlines
- Written motion to continue a dependency hearing: filed at least 2 court days before (2 court days before)
- Child's petition to reinstate parental rights: earliest 3 years after termination (36 months after)
- Notice of petition to terminate or modify a dependency legal guardianship: at least 15 court days before (15 court days before)
- Objection to proposed removal from prospective adoptive parent: 5 court days (or 7 calendar days, whichever longer) (5 court days after)
- Objection to proposed removal from prospective adoptive parent: 7 calendar days (or 5 court days, whichever longer) (7 days after)
- Hearing on objection to proposed or emergency removal: within 5 court days of objection (5 court days after)
- Agency notice of emergency removal from prospective adoptive parent: within 2 court days (2 court days after)
- Objection to emergency removal: 5 court days (or 7 calendar days, whichever longer) after notification (5 court 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
- 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 2026-10-26. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.