Rule 5.542.Rehearing of proceedings before referees

Division 3. Juvenile Rules · Chapter 3. General Conduct of Juvenile Court Proceedings · Last amended 2007 · Last verified September 10, 2026

In one sentenceRule 5.542 gives a child, parent or guardian 10 days to apply for a rehearing of a referee’s proceeding — granted as of right where there was no formal record.

Full Text of Rule 5.542

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a) Application for rehearing (§ 252)

An application for a rehearing of a proceeding before a referee not acting as a temporary judge may be made by the child, parent, or guardian at any time before the expiration of 10 calendar days after service of a copy of the order and findings. The application may be directed to all, or any specified part of, the order or findings and must contain a brief statement of the factual or legal reasons for requesting the rehearing.

(b) If no formal record (§ 252)

A rehearing must be granted if proceedings before the referee were not recorded by an official court reporter or other authorized reporting procedure.

If the proceedings before the referee have been recorded by an official court reporter or other authorized reporting procedure, the judge of the juvenile court may, after reading the transcript of the proceedings, grant or deny the application for rehearing. If the application is not denied within 20 calendar days following the date of receipt of the application, or within 45 calendar days if the court for good cause extends the time, the application must be deemed granted.

(d) Rehearing on motion of judge (§ 253)

Notwithstanding (a), at any time within 20 court days after a hearing before a referee, the judge, on the judge’s own motion, may order a rehearing.

(e) Hearing de novo (§ 254)

Rehearings of matters heard before a referee must be conducted de novo before a judge of the juvenile court. A rehearing of a detention hearing must be held within two court days after the rehearing is granted. A rehearing of other matters heard before a referee must be held within 10 court days after the rehearing is granted.

(f) Advisement of appeal rights—rule 5.590

If the judge of the juvenile court denies an application for rehearing directed in whole or in part to issues arising during a contested jurisdiction hearing, the judge must advise, either orally or in writing, the child and the parent or guardian of all of the following:

(1) The right of the child, parent, or guardian to appeal from the court’s judgment;

(2) The necessary steps and time for taking an appeal;

(3) The right of an indigent appellant to have counsel appointed by the reviewing court; and

(4) The right of an indigent appellant to be provided a free copy of the transcript.

End

Plain-English Summary

An application may be made at any time before 10 calendar days after service of the order and findings, directed at all or a specified part of them, with a brief statement of the factual or legal reasons.

The strongest provision is the shortest: a rehearing must be granted if the proceedings before the referee were not recorded. Where they were recorded, the judge may grant or deny after reading the transcript — but if the application is not denied within 20 calendar days of receipt, or 45 with a good cause extension, it is deemed granted.

The judge may also order a rehearing on their own motion within 20 court days of the hearing. Rehearings are de novo before a judge: within two court days for a detention hearing, within 10 court days for anything else.

Where the judge denies an application directed at issues from a contested jurisdiction hearing, they must advise the child and parent or guardian — orally or in writing — of the right to appeal, the steps and time for taking one, an indigent appellant’s right to appointed counsel, and the right to a free transcript.

Frequently Asked Questions

How long do I have to ask for a rehearing?

Any time before the expiration of 10 calendar days after service of a copy of the referee’s order and findings.

What if the hearing was not recorded?

A rehearing must be granted if the proceedings before the referee were not recorded by an official court reporter or other authorized reporting procedure.

What if the judge does not rule on my application?

If it is not denied within 20 calendar days of receipt — or 45 where the court extends the time for good cause — the application is deemed granted.

How soon is the rehearing held?

A rehearing of a detention hearing within two court days after it is granted; of other matters, within 10 court days. Rehearings are conducted de novo before a judge.

Amendment History

Rule 5.542 amended and renumbered effective January 1, 2007; adopted as rule 1418 effective January 1, 1991.

(Subd (a) amended effective January 1, 2007.) (Subd (b) amended effective January 1, 2007.) (Subd (c) amended effective January 1, 2007.) (Subd (d) amended effective January 1, 2007.) (Subd (e) amended effective January 1, 2007.) (Subd (f) amended effective January 1, 2007.)

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source

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