Contempt against attorney (or attorney's agent or investigator) or public safety employee for subpoena noncompliance: sentence stayed only if writ petition filed within 3 judicial days

3 court days after date the contempt order was made, under Cal. Code Civ. Proc. 1209(c), (d).

Rule text

(c) Notwithstanding Section 1211 or any other law, if an order of contempt is made affecting an attorney, his or her agent, investigator, or any person acting under the attorney's direction, in the preparation and conduct of an action or proceeding, the execution of any sentence shall be stayed pending the filing within three judicial days of a petition for extraordinary relief testing the lawfulness of the court's order, the violation of which is the basis of the contempt, except for conduct proscribed by subdivision (b) of Section 6068 of the Business and Professions Code, relating to an attorney's duty to maintain respect due to the courts and judicial officers. (d) ... if an order of contempt is made affecting a public safety employee acting within the scope of employment for reason of the employee's failure to comply with a duly issued subpoena or subpoena duces tecum, the execution of any sentence shall be stayed pending the filing within three judicial days of a petition for extraordinary relief

Cal. Code Civ. Proc. 1209(c), (d), official source

Calculate this deadline

Deadline
Thursday, November 12, 2026
  1. Trigger (Date the contempt order was made): Friday, November 6, 2026.
  2. Count 3 court days (Saturdays, Sundays, and court holidays are not counted): Thursday, November 12, 2026.
Rules applied
Cal. Code Civ. Proc. 1209(c), (d)
(c) Notwithstanding Section 1211 or any other law, if an order of contempt is made affecting an attorney, his or her agent, investigator, or any person acting under the attorney's direction, in the preparation and conduct of an action or proceeding, the execution of any sentence shall be stayed pending the filing within three judicial days of a petition for extraordinary relief testing the lawfulness of the court's order, the violation of which is the basis of the contempt, except for conduct proscribed by subdivision (b) of Section 6068 of the Business and Professions Code, relating to an attorney's duty to maintain respect due to the courts and judicial officers. (d) ... if an order of contempt is made affecting a public safety employee acting within the scope of employment for reason of the employee's failure to comply with a duly issued subpoena or subpoena duces tecum, the execution of any sentence shall be stayed pending the filing within three judicial days of a petition for extraordinary relief
Official source
Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10
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 12b: "If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a." 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."
Official source
  • 'Judicial days' modeled as court days. Subd. (c) covers attorneys and persons acting under the attorney's direction (not parties generally); subd. (d) covers public safety employees (peace officers, firefighters, paramedics, law enforcement records or evidence staff) held in contempt for subpoena noncompliance. Stay does not apply to contempt for disrespect to the court (Bus. & Prof. Code 6068(b)). The gap description's 'party agent or subpoenaed witness' is narrower in the text: see (c) and (d). AMBIGUITY: whether day 1 is the day after the order is made (CCP 12 exclude-first-day method assumed). Section amended by Stats. 2011, ch. 181.
  • 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 contempt order was made on Monday, March 15, 2027, personal service: due Thursday, March 18, 2027.

  1. Trigger (Date the contempt order was made): Monday, March 15, 2027.
  2. Count 3 court days (Saturdays, Sundays, and court holidays are not counted): Thursday, March 18, 2027.

Notes

'Judicial days' modeled as court days. Subd. (c) covers attorneys and persons acting under the attorney's direction (not parties generally); subd. (d) covers public safety employees (peace officers, firefighters, paramedics, law enforcement records or evidence staff) held in contempt for subpoena noncompliance. Stay does not apply to contempt for disrespect to the court (Bus. & Prof. Code 6068(b)). The gap description's 'party agent or subpoenaed witness' is narrower in the text: see (c) and (d). AMBIGUITY: whether day 1 is the day after the order is made (CCP 12 exclude-first-day method assumed). Section amended by Stats. 2011, ch. 181.

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Rules current as of 2026-10-25. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.