Cal. Rules of Court, rule 5.764 · Article 1. Initial Appearance
Prima facie hearings
Text — As posted by the Judicial Council of California (read October 22, 2026)
(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.
Notes and commentary — not rule text
History
Rule 5.764 adopted effective January 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_764
- Text hash
- sha256 cd5f0467987a181dc95da068821edd079444887121fcfacf650ae0a0f34af07c
- 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
Cited by 1 provision
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