Cal. Rules of Court, rule 5.766 · Article 2. Hearing on Transfer of Jurisdiction to Criminal Court
General provisions
Text — As posted by the Judicial Council of California (read October 22, 2026)
(a) Hearing on transfer of jurisdiction to criminal court (§ 707)
A youth who is the subject of a petition under section 602 and who was 14 years or older at the time of the alleged felony offense may be considered for prosecution under the general law in a court of criminal jurisdiction. The district attorney or other appropriate prosecuting officer may make a motion to transfer the youth from juvenile court to a court of criminal jurisdiction, in one of the following circumstances:
(1) The youth was 14 or 15 years of age at the time of the alleged offense listed in section 707(b) and was not apprehended before the end of juvenile court jurisdiction.
(2) The youth was 16 years or older at the time of the alleged felony offense.
(b) Notice (§ 707)
Notice of the transfer hearing must be given at least five judicial days before the hearing. In no case may notice be given following the attachment of jeopardy.
(c) Prima facie showing
On the motion, the court must determine whether a prima facie showing has been made that the offense alleged is an offense that makes the child youth subject to transfer as set forth in subdivision (a).
(d) Time of transfer hearing-rules 5.774, 5.776
The transfer of jurisdiction hearing must be held and the court must rule on the request to transfer jurisdiction before the jurisdiction hearing begins. Absent a continuance under rule 5.776 or the waiver of the statutory time period to commence the jurisdiction hearing, the jurisdiction hearing must begin within the time limits under rule 5.774.
Notes and commentary — not rule text
History
(Subd (a) amended effective January 1, 2023; previously amended effective January 1, 1996, January 1, 2001, and May 22, 2017.)
(Subd (b) amended effective May 22, 2017; previously amended effective January 1, 2007.)
(Subd (c) amended effective January 1, 2023; adopted effective May 22, 2017.)
(Subd (d) amended effective January 1, 2023; adopted as subd (c); previously amended effective January 1, 2007; previously amended and relettered effective May 22, 2017.)
Rule 5.766 amended effective January 1, 2023; adopted as rule 1486 effective January 1, 1991; previously amended and renumbered effective January 1, 2007; previously amended effective May 22, 2017.
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_766
- Text hash
- sha256 3a5af6fc4967b82061e8e26786d40da596f664bfe154e0479e2b9349590fd298
- 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
- The Judicial Council's PDF of Title 5 (last modified July 20, 2026) prints this rule differently: the PDF also prints “youth’s”; the PDF also prints “youth’s”. The rule page's text is shown.
This rule cites
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Cited by 1 provision
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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.