Trial by written declaration: extended due date (appearance date plus 25 calendar days) when request received by appearance date

25 days after appearance date on the notice to appear, under Cal. Rules of Court, rule 4.210(b)(2)-(4); Cal. Veh. Code 40902.

Rule text

(2) Extending due date If the clerk receives the defendant's written request for a trial by written declaration by the appearance date indicated on the Notice to Appear, the clerk must, within 15 calendar days after receiving the defendant's written request, extend the appearance date 25 calendar days and must give or mail notice to the defendant of the extended due date on the Request for Trial by Written Declaration (form TR-205) with a copy of the Instructions to Defendant (form TR-200) and any other required forms. (3) Election The defendant must file a Request for Trial by Written Declaration (form TR-205) with the clerk by the appearance date indicated on the Notice to Appear or the extended due date as provided in (2). ... (4) Bail The defendant must deposit bail with the clerk by the appearance date indicated on the Notice to Appear or the extended due date as provided in (2).

Cal. Rules of Court, rule 4.210(b)(2)-(4); Cal. Veh. Code 40902, official source

Calculate this deadline

Deadline
Tuesday, December 1, 2026
  1. Trigger (Appearance date on the Notice to Appear): Friday, November 6, 2026.
  2. Exclude the trigger day and count 25 calendar days: Tuesday, December 1, 2026.
Rules applied
Cal. Rules of Court, rule 4.210(b)(2)-(4); Cal. Veh. Code 40902
(2) Extending due date If the clerk receives the defendant's written request for a trial by written declaration by the appearance date indicated on the Notice to Appear, the clerk must, within 15 calendar days after receiving the defendant's written request, extend the appearance date 25 calendar days and must give or mail notice to the defendant of the extended due date on the Request for Trial by Written Declaration (form TR-205) with a copy of the Instructions to Defendant (form TR-200) and any other required forms. (3) Election The defendant must file a Request for Trial by Written Declaration (form TR-205) with the clerk by the appearance date indicated on the Notice to Appear or the extended due date as provided in (2). ... (4) Bail The defendant must deposit bail with the clerk by the appearance date indicated on the Notice to Appear or the extended due date as provided in (2).
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
  • Last day to file form TR-205 and deposit bail when a written request was received by the original appearance date. The clerk's notice states the extended due date and controls if different; the court may change or extend dates (4.210(c)). Vehicle Code 40902 authorizes trial by written declaration and a trial de novo but states no day counts; the timelines are in rule 4.210. Not available for Veh. Code 23152 et seq. infractions (40902(a)(1)). Bail at the uniform schedule amount is required (40902(b)).
  • 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

Appearance date on the Notice to Appear on Monday, March 15, 2027, personal service: due Monday, April 12, 2027.

  1. Trigger (Appearance date on the Notice to Appear): Monday, March 15, 2027.
  2. Exclude the trigger day and count 25 calendar days: Friday, April 9, 2027.
  3. That day is a Farmworkers Day (courts closed per Judicial Council 2027 schedule), so the deadline moves to the next court day: Monday, April 12, 2027 (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)).

Notes

Last day to file form TR-205 and deposit bail when a written request was received by the original appearance date. The clerk's notice states the extended due date and controls if different; the court may change or extend dates (4.210(c)). Vehicle Code 40902 authorizes trial by written declaration and a trial de novo but states no day counts; the timelines are in rule 4.210. Not available for Veh. Code 23152 et seq. infractions (40902(a)(1)). Bail at the uniform schedule amount is required (40902(b)).

Related deadlines

All California special proceedings 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 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.