§ 134.Transaction of judicial business on judicial holidays
Title 1. Organization and Jurisdiction · Chapter 6. General Provisions Respecting Courts of Justice · Article 3. Judicial Holidays · Last amended 2003 · Last verified July 28, 2026
In one sentenceSection 134 closes California courts for ordinary business on judicial holidays but keeps a short list of functions open — jury instructions, receiving a verdict, criminal arraignments, and Saturday small claims sessions — and lets a superior court keep a department open at any hour without changing how deadlines are computed.
(a)Except as provided in subdivision (c), the courts shall be closed for the transaction of judicial business on judicial holidays for all but the following purposes:
(1)To give, upon their request, instructions to a jury when deliberating on their verdict.
(2)To receive a verdict or discharge a jury.
(3)For the conduct of arraignments and the exercise of the powers of a magistrate in a criminal action, or in a proceeding of a criminal nature.
(4)For the conduct of Saturday small claims court sessions pursuant to the Small Claims Act set forth in Chapter 5.5 (commencing with Section 116.110).
(b)Injunctions and writs of prohibition may be issued and served on any day.
(c)In any superior court, one or more departments of the court may remain open and in session for the transaction of any business that may come before the department in the exercise of the civil or criminal jurisdiction of the court, or both, on a judicial holiday or at any hours of the day or night, or both, as the judges of the court prescribe.
(d)The fact that a court is open on a judicial holiday shall not make that day a nonholiday for purposes of computing the time required for the conduct of any proceeding nor for the performance of any act. Any paper lodged with the court at a time when the court is open pursuant to subdivision (c), shall be filed by the court on the next day that is not a judicial holiday, if the document meets appropriate criteria for filing.
Plain-English Summary
Section 134 sets what “closed for judicial business” means on a judicial holiday. Subdivision (a) closes the courts for everything except four functions: giving a deliberating jury instructions on request, receiving a verdict or discharging a jury, conducting criminal arraignments and other magistrate duties in criminal matters, and running the Saturday small claims sessions that Chapter 5.5, commencing with Section 116.110, authorizes. Injunctions and writs of prohibition are treated differently still — subdivision (b) allows those to issue and be served on any day at all, holiday or not.
Subdivision (c) gives a superior court flexibility beyond that fixed list: one or more of its departments can stay open and in session for any civil or criminal business, on a judicial holiday or at any hour of the day or night, however the court’s judges decide to schedule it. But staying open does not change the legal character of the day. Subdivision (d) makes clear that a court being open on a judicial holiday does not turn that day into a non-holiday for computing deadlines or the time to perform any act, and any paper lodged with the court while it happens to be open under subdivision (c) is treated as filed the next non-holiday day.
Official Comment
The following official comments are published by the California Law Revision Commission (and, for a few older sections, its predecessor Code Commissioners) alongside the statute itself — not commentary from this site.
1998 Law Revision Commission Comment. Section 134 is amended to reflect the elimination of the justice court. Cal. Const. art. VI, §§ 1, 5(b).
2002 Law Revision Commission Comment. Subdivision (c) of Section 134 is amended to reflect unification of the municipal and superior courts pursuant to Article VI, Section 5(e), of the California Constitution.
Frequently Asked Questions
Can a jury still reach a verdict on a judicial holiday in California?
Yes. Section 134(a)(2) keeps courts open for receiving a verdict or discharging a jury even on a judicial holiday.
Can a criminal arraignment happen on a judicial holiday?
Yes. Subdivision (a)(3) allows arraignments and the exercise of magistrate powers in criminal matters to proceed on judicial holidays.
If a court stays open on a holiday, does a filing deadline that falls that day still count as timely?
The day itself does not change status. Subdivision (d) states that a court being open on a judicial holiday does not make that day a non-holiday for computing deadlines, and any paper lodged that day is filed as of the next non-holiday day.
Can an injunction be issued on a judicial holiday?
Yes. Subdivision (b) allows injunctions and writs of prohibition to be issued and served on any day.
Are small claims sessions ever held on a day courts are otherwise closed?
Yes. Subdivision (a)(4) permits Saturday small claims court sessions under the Small Claims Act, Chapter 5.5 commencing with Section 116.110, even though Saturdays are judicial holidays under Section 135.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as:are california courts open on holidaysccp 134 judicial holiday exceptionssaturday small claims court californiajury verdict on holiday californiafiling deadline falls on court holiday california