Repealed and added by Stats. 1985, Ch. 1450, Sec. 2. Operative January 1, 1989, by Sec. 6 of Ch. 1450.
Courts of justice may be held and judicial business transacted on any day, except as provided in this article.
Article 3 - Judicial Holidays
California Code of Civil Procedure — §§ 133-136
Sections (4)
Amended by Stats. 2002, Ch. 784, Sec. 33. Effective January 1, 2003.
(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)To give, upon their request, instructions to a jury when deliberating on their verdict.
(2)To receive a verdict or discharge a jury.
(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)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)Injunctions and writs of prohibition may be issued and served on any day.
(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)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.
Amended by Stats. 2025, Ch. 358, Sec. 2. (AB 268) Effective January 1, 2026.
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,” the 15th day of the month of Kartik in the Hindu lunar calendar of each year, known as “Diwali,” 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.
Added by Stats. 1985, Ch. 1450, Sec. 2. Operative January 1, 1989, by Sec. 6 of Ch. 1450.
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.