Habeas corpus (request for release): court must release or hold evidentiary hearing within 2 judicial days after petition filed
2 court days after date the petition for writ of habeas corpus was filed, under Cal. Welf. & Inst. Code 5276; 5275.
Rule text
5276: The court shall either release the person or order an evidentiary hearing to be held within two judicial days after the petition is filed. 5275: Every person detained under this part shall have a right to a hearing by writ of habeas corpus for their release after they or any person acting on their behalf has made a request for release to either (a) the person delivering the copy of the notice of certification to the person certified at the time of the delivery, or (b) to any member of the treatment staff of the facility providing intensive treatment, at any time during treatment pursuant to this part.
Calculate this deadline
- Trigger (Date the petition for writ of habeas corpus was filed): Friday, November 6, 2026.
- Count 2 court days (Saturdays, Sundays, and court holidays are not counted): Tuesday, November 10, 2026.
Cal. Welf. & Inst. Code 5276; 5275
5276: The court shall either release the person or order an evidentiary hearing to be held within two judicial days after the petition is filed. 5275: Every person detained under this part shall have a right to a hearing by writ of habeas corpus for their release after they or any person acting on their behalf has made a request for release to either (a) the person delivering the copy of the notice of certification to the person certified at the time of the delivery, or (b) to any member of the treatment staff of the facility providing intensive treatment, at any time during treatment pursuant to this part.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." Elec. Code 15: "Notwithstanding any other provision of law, if the last day for the performance of any act provided for or required by this code shall be a holiday, as defined in Chapter 7 (commencing with Section 6700) of Division 7 of Title 1 of the Government Code, the act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed.For purposes of this section, the Friday in November immediately after Thanksgiving Day shall be considered a holiday."Official source
- Some practitioners count the certification day as day 1; that reading gives a date one day earlier. Counted in court ('judicial') days. 5275 governs the request (staff must 'as soon as possible' inform the superior court); 5276 sets the hearing clock from filing of the petition. Applies also to persons detained by a temporary conservator (5353).
- 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 petition for writ of habeas corpus was filed on Monday, March 15, 2027, personal service: due Wednesday, March 17, 2027.
- Trigger (Date the petition for writ of habeas corpus was filed): Monday, March 15, 2027.
- Count 2 court days (Saturdays, Sundays, and court holidays are not counted): Wednesday, March 17, 2027.
Notes
Some practitioners count the certification day as day 1; that reading gives a date one day earlier. Counted in court ('judicial') days. 5275 governs the request (staff must 'as soon as possible' inform the superior court); 5276 sets the hearing clock from filing of the petition. Applies also to persons detained by a temporary conservator (5353).
Related deadlines
- 14-day certification for intensive treatment: maximum period (14 days after)
- Certification review hearing within 4 days of certification (unless judicial review requested) (4 days after)
- Certification review hearing for a person still held under 5150 but not certified: within 7 days of initial detention (7 days after)
- Certification review hearing within 4 days after withdrawal of request for judicial review (4 days after)
- Additional 30-day certification for grave disability (Article 4.7): maximum period (30 days after)
- Petition for up to 30 additional days (5270.70): earliest filing (after 15 days of the 30-day period) (15 days after)
- Petition for up to 30 additional days (5270.70): latest filing (at least 7 days before the 30 days expire) (23 days after)
- Petition for additional 30 days: court denies or holds evidentiary hearing within 2 court days after filing (2 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 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.