Notice of intent to file writ petition (order setting 366.26 hearing), party present: 7 days
7 days after date of the order setting the section 366.26 hearing (date stated on the record orally or issued in writing, whichever first), under Cal. Rules of Court, rule 8.450(e)(4)(A); Welf. & Inst. Code 366.26(l).
Rule text
(4) The date of the order setting the hearing is the date on which the court states the order on the record orally, or issues an order in writing, whichever occurs first. The notice of intent must be filed according to the following timeline requirements: (A) If the party was present at the hearing when the court ordered a hearing under Welfare and Institutions Code section 366.26, the notice of intent must be filed within 7 days after the date of the order setting the hearing.
Cal. Rules of Court, rule 8.450(e)(4)(A); Welf. & Inst. Code 366.26(l), official source
Calculate this deadline
- Trigger (Date of the order setting the section 366.26 hearing (date stated on the record orally or issued in writing, whichever first)): Friday, November 6, 2026.
- Exclude the trigger day and count 7 calendar days: Friday, November 13, 2026.
Cal. Rules of Court, rule 8.450(e)(4)(A); Welf. & Inst. Code 366.26(l)
(4) The date of the order setting the hearing is the date on which the court states the order on the record orally, or issues an order in writing, whichever occurs first. The notice of intent must be filed according to the following timeline requirements: (A) If the party was present at the hearing when the court ordered a hearing under Welfare and Institutions Code section 366.26, the notice of intent must be filed within 7 days after the date of the order setting the hearing.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
- Failure to seek timely writ review forfeits appellate review of the setting order (WIC 366.26(l)). Filed in the SUPERIOR court. Referee orders: additional 10 days (dep_writ_notice_of_intent_referee_17_days). Late notices: CRC 8.450(f). CRC 1.10 roll applies.
- 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 of the order setting the section 366.26 hearing (date stated on the record orally or issued in writing, whichever first) on Monday, March 15, 2027, personal service: due Monday, March 22, 2027.
- Trigger (Date of the order setting the section 366.26 hearing (date stated on the record orally or issued in writing, whichever first)): Monday, March 15, 2027.
- Exclude the trigger day and count 7 calendar days: Monday, March 22, 2027.
Notes
Failure to seek timely writ review forfeits appellate review of the setting order (WIC 366.26(l)). Filed in the SUPERIOR court. Referee orders: additional 10 days (dep_writ_notice_of_intent_referee_17_days). Late notices: CRC 8.450(f). CRC 1.10 roll applies.
Related deadlines
- Notice of intent to file writ (366.26 setting order), notified only by mail: 12 days after mailing (12 days after)
- Notice of intent to file writ (366.26 setting order), mailed outside California within U.S.: 17 days (17 days after)
- Notice of intent to file writ (366.26 setting order), mailed outside the U.S.: 27 days (27 days after)
- Notice of intent to file writ, order made by referee (party present): 7 + 10 days (17 days after)
- Writ petition (366.26 setting order): served and filed 10 days after record filed in Court of Appeal (10 days after)
- Response to writ petition (366.26 setting order): 10 days after petition filed (15 if served by mail) (10 days after)
- Petitioner's request to augment/correct record in 366.26 writ: 5 days after receiving record (5 days after)
- Notice of intent to file writ (post-termination placement order, WIC 366.28): 7 days (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
- 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.