Information must be filed w/n 15 days of PH holding (PC 739, PC 860.)
PC 739 requires an information to be filed within 15 days after a defendant is committed (held to answer) by a magistrate following a preliminary hearing. (See PC 872.)
Trial must be set no more than 60 calendar days after the filing of the information absent a TW or good cause. (PC 1049.5; PC 1050; PC 1382(a)(2).)
Last Day: When is a D ‘brought to trial’ for 1382: These principles compel the holding that an accused is “brought to trial” within the meaning of section 1382 when a case has been called for trial by a judge who is normally available and ready to try the case to conclusion. The court must have committed its resources to the trial, and the parties must be ready to proceed and a panel of prospective jurors must be summoned and sworn. (Rhinehart v. Municipal Court (1984) 35 Cal.3d 772, 780.)
Failure to abide by 60-day rule + no TW + no good cause -> D entitled to dismissal. (PC 1382.)
TNW Felony JT 10-Day Grace Period (PC 1382(a)(2)(B))
Whenever D requested or agreed to begin a trial on a date beyond the applicable period (i.e. the 60th day), the case must be brought to trial no later than 10 days after that date. (People v. Brown (2023) 14 Cal.5th 530, 539.)
Requirements:
(1) D agreed, express or implied, to a trial date beyond the applicable period; and
(2) D is objecting to further postponement
Trailing Day-To-Day Attributable to People Does Not Restart The Clock. A defendant’s failure to object to a prosecutor’s request to trail from day to day within the 10-day grace period does not initiate a new 10-day period each time the case is trailed. (Barsamyan v. Appellate Division of Superior Court (2008) 44 Cal.4th 960, 978.)
Codefendants. “[T]here is always good cause to continue a codefendant’s trial within section 1382’s 10-day grace period to maintain joinder…no particularized or case-specific showing or finding of good cause is required.” (Smith v. Superior Court (2012) 54 Cal.4th 592, 606.)
10-Day Grace Period also applies to TNW misdemeanor JTs. (PC 1382(a)(3)(B).)
Last Day: When is a D ‘brought to trial’ for 1382.
These principles compel the holding that an accused is “brought to trial” within the meaning of section 1382 when a case has been called for trial by a judge who is normally available and ready to try the case to conclusion. The court must have committed its resources to the trial, and the parties must be ready to proceed and a panel of prospective jurors must be summoned and sworn. (Rhinehart v. Municipal Court (1984) 35 Cal.3d 772, 780.)
Courtroom that cannot be reached by the parties prior to close of business is for practical and legal purposes unavailable for bringing the accused to trial.
Compare with whether trial is ‘in progress’ for PC 1050(g)(2). A trial is ‘in progress’ for purposes of [S]ection 1050(g)(2) if the case at issue has been called for trial by a judge who is available and ready to try the case to conclusion, the court has committed its resources to the trial, and the parties are ready to proceed.” (Hernandez v. Superior Court (2025) 114 Cal.App.5th 684, 692.)
For Exceptions to Statutory Deadlines, see Continuances