Rule 5.764.Prima facie hearings

Division 3. Juvenile Rules · Chapter 13. Cases Petitioned Under Sections 601 and 602 · Article 1. Initial Appearance · Adopted 2007 · no amendments on record · Last verified September 10, 2026

In one sentenceRule 5.764 lets a detained child demand that the evidence behind the prima facie case be produced within three court days, and requires release if it is not established.

Full Text of Rule 5.764

Text sizeJump to: (a) (b)

(a) Hearing for further evidence; prima facie case (§ 637)

If the court orders the child detained, and the child or the child’s attorney requests that evidence of the prima facie case be presented, the court must set a prima facie hearing for a time within three court days to consider evidence of the prima facie case.

(b) Continuance (§ 637)

If the court determines that a prima facie hearing cannot be held within three court days because of the unavailability of a witness, a reasonable continuance not to exceed five court days may be granted. If at the hearing petitioner fails to establish the prima facie case, the child must be released from custody.

End

Plain-English Summary

Detention rests on a prima facie showing, and this rule lets the child test it. Where the child or the child’s attorney asks that evidence of the prima facie case be presented, the court must set a hearing within three court days to consider it.

If a witness is unavailable and the hearing cannot be held in that time, the court may grant a reasonable continuance of no more than five court days.

The consequence is unconditional: if the petitioner fails to establish the prima facie case at the hearing, the child must be released from custody.

Frequently Asked Questions

How quickly must a prima facie hearing be held?

Within three court days of the request — extendable by a reasonable continuance of no more than five court days where a witness is unavailable.

Who can ask for a prima facie hearing?

The child or the child’s attorney, where the court has ordered the child detained.

What happens if the case is not established?

If at the hearing the petitioner fails to establish the prima facie case, the child must be released from custody.

Amendment History

Rule 5.764 adopted 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

Also known as: prima facie hearing juvenile delinquency Californiasection 637 prima facie hearingthree court days prima facie detention