Cal. Rules of Court, rule 5.762 · Article 1. Initial Appearance
Detention rehearings
Text — As posted by the Judicial Council of California (read October 22, 2026)
(a) No parent or guardian present and not noticed
If the court orders the child detained at the detention hearing and no parent or guardian is present and no parent or guardian has received actual notice of the detention hearing, a parent or guardian may file an affidavit alleging the failure of notice and requesting a detention rehearing. The clerk must set the rehearing within 24 hours of the filing of the affidavit, excluding noncourt days. At the rehearing, the court must proceed under rules 5.752 5.760.
(b) Parent or guardian noticed; parent or guardian not present (§ 637)
If the court determines that the parent or guardian has received adequate notice of the detention hearing, and the parent or guardian fails to appear at the hearing, a request from the parent or guardian for a detention rehearing must be denied, absent a finding that the failure was due to good cause.
(c) Parent or guardian noticed; preparers available (§ 637)
If a parent or guardian received notice of the detention hearing, and the preparers of any reports or other documents relied on by the court in its order detaining the child are present at court or otherwise available for cross-examination, there is no right to a detention rehearing.
Notes and commentary — not rule text
History
(Subd (a) amended effective January 1, 2007.)
(Subd (b) amended effective January 1, 2007.)
(Subd (c) amended effective January 1, 2007.)
Rule 5.762 amended and renumbered effective January 1, 2007; repealed and adopted as rule 1476 effective January 1, 1998.
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_762
- Text hash
- sha256 943eef7d50ccc2a97b13245bd5a74280d8342d9ef5a133df56eb61cc4dae567b
- 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
This rule cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
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.