Rule 5.774.Setting petition for hearing—detained and nondetained cases; waiver of hearing

Division 3. Juvenile Rules · Chapter 13. Cases Petitioned Under Sections 601 and 602 · Article 3. Jurisdiction · Last amended 2007 · Last verified September 10, 2026

In one sentenceRule 5.774 sets the deadlines for beginning a delinquency jurisdiction hearing and requires dismissal if they pass.

Full Text of Rule 5.774

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

(a) Nondetention cases (§ 657)

If the child is not detained, the jurisdiction hearing on the petition must begin within 30 calendar days from the date the petition is filed.

(b) Detention cases (§ 657)

If the child is detained, the jurisdiction hearing on the petition must begin within 15 judicial days from the date of the order of the court directing detention. If the child is released from detention before the jurisdiction hearing, the court may reset the jurisdiction hearing within the time limit in (a).

Any period of delay caused by the child’s unavailability or failure to appear must not be included in computing the time limits of (a) and (b).

(d) Dismissal

Absent a continuance under rule 5.776, when a jurisdiction hearing is not begun within the time limits of (a) and (b), the court must order the petition dismissed. This does not bar the filing of another petition based on the same allegations as in the original petition, but the child must not be detained.

(e) Waiver of hearing (§ 657)

At the detention hearing, or at any time thereafter, a child may admit the allegations of the petition or plead no contest and waive further jurisdiction hearing. The court may accept the admission or no contest plea and proceed according to rules 5.778 and 5.782.

End

Plain-English Summary

Where the child is not detained, the jurisdiction hearing must begin within 30 calendar days of the petition being filed. Where the child is detained, it must begin within 15 judicial days of the detention order — and if the child is released before the hearing, the court may reset it within the 30-day limit.

Delay caused by the child’s own unavailability or failure to appear does not count against either clock.

Missing the deadline without a continuance is fatal to the petition: the court must dismiss it. That does not bar a fresh petition on the same allegations — but the child must not be detained on it.

A child may short-circuit the hearing at any point from the detention hearing onward, by admitting the allegations or pleading no contest and waiving further jurisdiction hearing. The court may accept that and move to the admission and disposition rules.

Frequently Asked Questions

How soon must a delinquency jurisdiction hearing begin?

Within 30 calendar days of the petition being filed if the child is not detained; within 15 judicial days of the detention order if the child is detained.

Does the child’s own delay count against the clock?

No. Any period of delay caused by the child’s unavailability or failure to appear is excluded from the computation.

What happens if the deadline passes?

Absent a continuance, the court must dismiss the petition. Another petition may be filed on the same allegations, but the child must not be detained on it.

Amendment History

Rule 5.774 amended and renumbered effective January 1, 2007; adopted as rule 1485 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.)

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: jurisdiction hearing deadline delinquency Californiasection 657 time limits jurisdiction hearing15 judicial days detained jurisdiction hearing