Cal. Rules of Court, rule 5.580 · Chapter 4. Subsequent Petitions and Modifications

Hearing on violation of probation (§ 777)

Verbatim from the official edition

Text — As posted by the Judicial Council of California (read October 22, 2026)

(a) Notice of hearing (§§ 656, 658, 660)

Notice of a hearing to be held under section 777 must be issued and served as provided in sections 658, 660, and 777 and prepared:

(1) By the probation officer if the child has been declared a ward under section 601; or

(2) By the probation officer or the district attorney if the child is a ward or is on probation under section 602, and the alleged violation of probation is not a crime.

(b) Motion to dismiss

If the probation officer files the notice of hearing, before jeopardy attaches the prosecuting attorney may move the court to dismiss the notice and request that the matter be referred to the probation officer for appropriate action under section 777(a)(3).

If the child has been brought into custody, the procedures described in rules 5.524 and 5.752 through 5.764 must be followed.

(d) Report of probation officer

Before every hearing the probation officer must prepare a report on those matters relevant to a determination of whether the child has violated a condition of probation. The report must be furnished to all parties at least 48 hours, excluding noncourt days, before the beginning of the hearing unless the child is represented by counsel and waives the right to service of the report.

(e) Evidence considered

The court must consider the report prepared by the probation officer and other relevant and material evidence offered by the parties to the proceeding.

(1) The court may admit and consider reliable hearsay evidence as defined by section 777(c).

(2) The probation officer or prosecuting attorney must prove the alleged violation by a preponderance of the evidence.

Notes and commentary — not rule text

History

(Subd (a) amended effective January 1, 2007; adopted effective January 1, 2001; previously amended effective January 1, 2006.)

(Subd (b) adopted effective January 1, 2001.)

(Subd (c) amended effective January 1, 2007; adopted as subd (d) effective January 1, 2001; amended and relettered effective January 1, 2006.)

(Subd (d) amended and relettered and amended effective January 1, 2006; adopted as subd (b); amended and relettered as subd (e) effective January 1, 2001.)

(Subd (e) amended and relettered effective January 1, 2006; adopted as subd (e); amended and relettered as subd (f) effective January 1, 2001.)

Rule 5.580 amended and renumbered effective January 1, 2007; adopted as rule 1433 effective January 1, 1990; previously amended effective January 1, 1992, January 1, 2001, and January 1, 2006.

Title 5, Family and Juvenile Rules-Division 3, Juvenile Rules-Chapter 5, Appellate Review; amended effective July 1, 2010; adopted effective July 1, 2007.

Source of truth

Edition: As posted by the Judicial Council of California (read October 22, 2026)
Official file: https://courts.ca.gov/cms/rules/index/five/rule5_580
Text hash: sha256 d5b75e29fd3b0a50921abee9ca6f811c212a73f5f515d30ae730e06d863bd30f
Composed by: compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph

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California Rules of Court

Cited by 1 provision

Provisions in this library whose text cites Cal. Rules of Court, rule 5.580. Each shows the citation as that text prints it.

California Rules of Court

Cal. Rules of Court, rule 5.800Deferred entry of judgmentPrinted as rule 5.580(d)

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.