Courts of justice may be held and judicial business transacted on any day, except as provided in this article.
General Provisions Respecting Courts of JusticeJudicial Holidays
Section § 133
This law states that courts in California can conduct their usual business on any day, unless there are specific rules in this article that say otherwise.
courts of justice judicial business any day
Section § 134
This law explains when courts can be open on judicial holidays. Generally, courts are closed on these days, but they can still do specific tasks like giving jury instructions, receiving verdicts, dealing with criminal arraignments, and holding Saturday small claims court. Courts can also issue certain urgent orders any day. Some court departments might stay open on holidays as needed for any matter. Even if a court is open on a holiday, it doesn't change the deadlines for any legal actions, and any documents filed on holidays will be officially recorded on the next regular court day.
(a)CA Civil Procedure Code § 134(a) Except as provided in subdivision (c), the courts shall be closed for the transaction of judicial business on judicial holidays for all but the following purposes:
(1)CA Civil Procedure Code § 134(a)(1) To give, upon their request, instructions to a jury when deliberating on their verdict.
(2)CA Civil Procedure Code § 134(a)(2) To receive a verdict or discharge a jury.
(3)CA Civil Procedure Code § 134(a)(3) For the conduct of arraignments and the
exercise of the powers of a magistrate in a criminal action, or in a proceeding of a criminal nature.
(4)CA Civil Procedure Code § 134(a)(4) For the conduct of Saturday small claims court sessions pursuant to the Small Claims Act set forth in Chapter 5.5 (commencing with Section 116.110).
(b)CA Civil Procedure Code § 134(b) Injunctions and writs of prohibition may be issued and served on any day.
(c)CA Civil Procedure Code § 134(c) In any superior court, one or more departments of the court may remain open and in session for the transaction of any business that may come before the department in the exercise of the civil or criminal jurisdiction of the court, or both, on a judicial holiday or at any hours of the day or night, or both, as the judges of the court prescribe.
(d)CA Civil Procedure Code § 134(d) The fact that a court is open on a judicial holiday shall not make that day
a nonholiday for purposes of computing the time required for the conduct of any proceeding nor for the performance of any act. Any paper lodged with the court at a time when the court is open pursuant to subdivision (c), shall be filed by the court on the next day that is not a judicial holiday, if the document meets appropriate criteria for filing.
judicial holidays jury instructions receive verdicts
Section § 135
This section lists the official holidays recognized by the court system. While most holidays designated by government statutes, like Thanksgiving, are judicial holidays, certain days like Lunar New Year and Genocide Remembrance Day are exceptions. If a holiday falls on a weekend, the courts can choose another day to observe it. Court employees are required to observe only these specified judicial holidays.
Every full day designated as a holiday by Section 6700 of the Government Code, including that Thursday of November declared by the President to be Thanksgiving Day, is a judicial holiday, except the date corresponding with the second new moon following the winter solstice, or the third new moon following the winter solstice should an intercalary month intervene, known as “Lunar New Year,” April 24, known as “Genocide Remembrance Day,” September 9, known as “Admission Day,” the second Monday in October, known as “Columbus Day,” and any other day appointed by the President, but not by the Governor, for a public fast, thanksgiving, or holiday. If a judicial holiday falls on a Saturday or a Sunday, the Judicial Council may designate an alternative day for observance of the holiday. Every Saturday and the day after Thanksgiving Day are judicial holidays.
Officers and employees of the courts shall observe only the judicial holidays established pursuant to this section.
judicial holidays Lunar New Year Genocide Remembrance Day
Section § 136
If a court date is scheduled on a holiday when the court is closed, it automatically moves to the following day.
If a day appointed for the holding or sitting of a court, or to which it is adjourned, falls on a judicial holiday, it shall be deemed appointed for or adjourned to the next day.
court date rescheduling judicial holiday court closure
