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2014 California Rules of Court

Rule 5.764. Prima facie hearings

(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.

Rule 5.764 adopted effective January 1, 2007.

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