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2014 California Rules of Court

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

(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.

(Subd (a) amended effective January 1, 2007.)

(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).

(Subd (b) amended effective January 1, 2007.)

(c) Tolling of time period

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).

(Subd (c) amended effective January 1, 2007.)

(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.

(Subd (d) amended effective January 1, 2007.)

(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.

(Subd (e) amended effective January 1, 2007.)

Rule 5.774 amended and renumbered effective January 1, 2007; adopted as rule 1485 effective January 1, 1991.

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