Calaveras — GENERAL ORDER 20-09

Source: https://www.calaveras.courts.ca.gov/system/files/general/general-order-20-09.pdf

Sparse pages use OCR; original PDF remains authoritative.

10 11 12 13 14 16 16 17 18 19 20 21 22 23 24 25 26 27 28 FILED SUPERIOR COURT OF THE STATE OF CALIFORNIA AUG 19 2020 IN AND FOR THE COUNTY OF CALAVERAS K; oir Et coe iamatns Bopitty jalaveras ORDER AID) 20-04 by GENERAL ORDER RE: IMPLEMENTATION OF EMERGENCY RELIEF AUTHORIZED PURSUANT TO GOVERNMENT CODE SECTION 68115 BY CHAIR OF JUDICIAL COUNCIL Exercising the authority granted under Government Code section 681 15 and the August 18", 2020 Order (“Order”) of Chief Justice Tani G. Cantil-Sakauye, Chair of the Judicial Council of California, issued in response to the August 18, 2020 request for an emergency order made by the Superior Court of Calaveras County (“Court”), this Court HEREBY FINDS AND ORDERS AS FOLLOWS:

1. For purposes of computing time for filing papers with the Court under Code of Civil Procedure sections 12 and 12a, from August 17, 2020, to August 18,2020, inclusive, are deemed holidays because the emergency conditions described in the Order have substantially interfered with the public’s ability to file papers in a court facility on those dates (Gov. Code, § 68115(a)(4));
2. For purposes of computing time under Penal Code section 825, and Welfare and Institutions Code sections 313, 315, 334, 631, 632, 637, and 657, from August 17, 2020, to August 18,2020, inclusive, are deemed holidays because the emergency conditions described in the Order prevent the court from conducting proceedings and accepting filings on that date [or those dates] as necessary to satisfy these deadlines (Gov. Code, § 681 15(a)(5));
3. Any judge of the Court may extend by not more than 2 days the duration of any temporary restraining order that would otherwise expire from August 17, 2020 to August 18, 2020, inclusive, because the emergency condition described in the Order prevented the Court from conducting proceedings to determine whether a permanent order should be entered (Gov. Code, § 68115(a)(7));
4. In cases in which the statutory deadline otherwise would expire on August 17, 2020, to August 18,2020, inclusive, any judge of the Court may extend the time period provided in section 825 of the Penal Code within which a defendant charged with a felony offense must be taken before a magistrate from 48 hours to not more than three days (Gov. Code, § 68115(a)(8)); IMPLEMENTATION ORDER RE EMERGENCY ORDER -1-

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. In cases in which the statutory deadline otherwise would expire on August 17, 2020, to August 18,2020, inclusive, any judge of the Court may extend the time period provided in section 859b of the Penal Code for the holding of a preliminary examination from 10 court days to not more than 2 court days (Gov. Code, § 68115(a)(9)); 6. In cases in which the statutory deadline otherwise would expire on August 17, 2020, to August 18, 2020 inclusive, any judge of the Court may extend the time period August 17, 2020, to August 18,2020, provided in section 1382 of the Penal Code for the holding ofa criminal trial by not more than 2 days (Gov. Code, § 68115(a)(10)); 7. In cases in which thé statutory deadline otherwise would expire on August 17, 2020, to August 18,2020, inclusive; any judge of the Court may extend the time period provided in section 313 of the Welfare and InStitutions Code within which a minor taken into custody pending dependency proceedings must be released from custody to not more than 2 days (Gov. Code, § 68115(a)(11)); ; 8. In cases in which the statutory deadline otherwise would expire on August 17, 2020, to August 18,2020, inclusive, any judge of the Court may extend the time period provided in section 315 of the Welfare and Institutions Code within which a minor taken into custody pending dependency proceedings must be given a detention hearing to not more than 2 days (Gov. Code, § 68115(a)(11)); . 9. In cases in which the statutory deadline otherwise would expire on August 17, 2020, to August 18,2020 inclusive, any judge of the Court may extend the time periods provided in sections 632 and 637 of the Welfare and Institutions Code within which a minor taken into custody pending wardship proceedings and charged with a felony must be given a detention hearing or rehearing to not more than 2 days (Gov. Code, § 68115(a)(11)); 10. In cases in which the statutory deadline otherwise would expire on August 17, 2020, to August 18,2020, inclusive, any judge of the Court may extend the time period provided in section 334 of the Welfare and Institutions Code within which a hearing on a juvenile dependency petition must be held by not more than 2 days (Gov. Code, § 68115(a)(12)); and 11. In cases in which the statutory deadline otherwise would expire on August 17, IMPLEMENTATION ORDER RE EMERGENCY ORDER. -2-

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|| 2020, to August 18,2020, inclusive, any judge of the Court may extend the time period provided

in section 657 of the Welfare and Institutions Code within which a hearing on a wardship petition for a minor charged with a felony offense must be held by not more than 2 days (Gov. Code, § 68115(a)(12)). IF REQUEST LIMITED TO SPECIFIC COURTHOUSE(S): This order applies to proceedings that otherwise would have taken place at the courthouse located at 400 Government Center Drive, in San Andreas, California. THIS ORDER IS EFFECTIVE IMMEDIATELY. Dated: _ §-1/4-202-0 LG 2 ted Presiding Judge IMPLEMENTATION ORDER RE EMERGENCY ORDER. -3-