SUPERIOR COURT OF THE STATE OF CALIFORNIA

2be39258de2dcfd0ab9510ee9e6157973d4d5918

California Superior Local Rules

io 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ORANGE In Re: CASE/ORDER NO. COVID-19 Pandemic IMPLEMENTATION ORDER RE EMERGENCY ORDER (Gov. Code, § 68115) March 16, 2020 Exercising the authority granted under Government Code

section 68115 and the March 16, 2020 Order of Chief Justice Tani Cantil-Sakauye, Chair of the California Judicial Council, issued in response to the March 16, 2020 Request for a Judicial Emergency Order made by the Superior Court of Orange County ( “ Court ” ), this Court HEREBY FINDS AND ORDERS AS FOLLOWS: 1. The Court declares that 3/17/2020 to 3/27/2020 are holidays for purposes of computing the time for filing papers with the Court under Code of Civil Procedure sections 12 and 12a. (Gov. Code, § 68115(a)(4).) 2. The Court declares that 3/17/2020 to 3/27/2020 are holidays for purposes of computing the time under: a. Penal Code

section 825 (time to bring criminal defendant before magistrate after arrest); b. Welfare and Institutions Code

section 313 (time to release minor taken into custody pending dependency proceedings);

10 it 12 13 14 15 16 17 18 19 20 22 23 24 25 26 27 28 c. Welfare and Institutions Code

section 315 (time to hold detention ; hearing for minor taken into custody pending dependency proceedings); d. Welfare and Institutions Code

section 334 (time to hold hearing on dependency petition); e. Welfare and Institutions Code

section 631 (detention of minor in wardship proceedings); f. Welfare and Institutions Code

section 632 (detention hearing for minor in wardship proceedings); g. Welfare and Institutions Code

section 637 (detention rehearing for minor in wardship proceedings); and h. Welfare and Institutions Code

section 657 (hearing on petition to declare minor a ward). 3. The Court extends the time periods provided in sections 583.310 and 583.320 of the Code of Civil Procedure to bring an action to trial by not more than fourteen (14) days. (Gov. Code, § 68115(a)(6).) This request applies only to cases in which the statutory deadline otherwise would expire from 3/17/2020 to 3/27/2020, inclusive. 4. The Court extends by not more than fourteen (14) days the duration of any restraining order that would otherwise expire from 3/17/2020 to 3/27/2020, inclusive. (Gov. Code, § 68115(a)(7).) 5. The Court extends the time period provided in

section 859b of the Penal Code for the holding of a preliminary examination from 10 court days to not more than 15 court

10 il 12 13 14 16 17 18 19 20 ai 22 23 24 25 26 27 28 days where the statutory deadline otherwise would expire from 3/17/2020 to 3/27/2020, inclusive. (Gov. Code, § 68115(a)(9).) 6. The Court extends the time period provided in

section 1382 of the Penal Code for the holding of a criminal trial by not more than 30 days in cases which the statutory deadline otherwise would expire from 3/17/2020 to 3/27/2020, inclusive. (Gov. Code, § 68115(a)(10).) 7. The Court extends the time period provided in

section 825 of the Penal Code within which a defendant charged with a felony offense must be taken before a magistrate from 48 hours to not more than 5 days, applicable only to cases in which the statutory deadline otherwise would expire from 3/17/2020 to 3/27/2020, inclusive. (Gov. Code, § 68115(a)(8).) 8. The Court extends the time period provided in

section 313 of the Welfare and Institutions Code within which a minor taken into custody pending dependency proceedings must be released from custody to not more than 5 days, applicable only to minors for whom the statutory deadline otherwise would expire from 3/17/2020 to 3/27/2020, inclusive. (Gov. Code, § 68115(a)(11).) 9. The Court extends the time period provided in

section 315 of the Welfare and Institutions Code within which a minor taken into custody pending dependency proceedings must be given a detention hearing to not more than 5 days, applicable only to minors for whom the statutory deadline otherwise would expire from 3/17/2020 to 3/27/2020, inclusive. (Gov. Code, § 68115(a)(11).) 10. The Court extends the time periods provided in sections 632 and 637 of the Welfare and Institutions Code within which a minor taken into custody pending wardship proceedings and charged with a felony offense must be given a detention hearing or rehearing

10 a1 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 to not more than 7 days, applicable only to minors for whom the statutory deadline otherwise would expire from 3/17/2020 to 3/27/2020, inclusive. (Gov. Code, § 68115(a)(11).) 11. The Court extends the time period provided in

section 334 of the Welfare and Institutions Code within which a hearing on a juvenile dependency petition must be held by not more than 5 days, applicable only to minors for whom the statutory deadline otherwise would expire from 3/17/2020 to 3/27/2020, inclusive. (Gov. Code, § 68115(a)(12).) 12. The Court extends the time period provided in

section 657 of the Welfare and Institutions Code within which a hearing on a wardship petition for a minor charged with a felony offense must be held by not more than 15 days, applicable only to minors for whom the statutory deadline otherwise would expire from 3/17/2020 to 3/27/2020, inclusive. (Gov. Code, § 68115(a)(12).) It is the intent of this Order to provide the maximum length of constitutionally permitted continuance days authorized by the March 16, 2020 Order issued by the Hon. Tani G. Cantil-Sakauye, Chief Justice of the California Supreme Court.

Any conflicts in the above language are to be resolved in favor of granting the lengthier of the continuance options. THIS ORDER IS EFFECTIVE IMMEDIATELY. pier 3/17/20 Ce A 7 A j Kirk H. Nakamura, Presiding Judge

Document details

Collection	California Superior Local Rules
Citation	2be39258de2dcfd0ab9510ee9e6157973d4d5918
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	2be39258de2dcfd0ab9510ee9e6157973d4d5918

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