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§3.12 Rehearing or Prima Facie Hearing

You must hold:

  • A detention rehearing within one court day after an affidavit for a rehearing is filed by a parent or guardian who did not receive actual notice of the hearing and did not attend, or by a parent who received notice but did not attend if you find that the absence was due to good cause [WIC §321; CRC 5.680(a), (b)]; or
  • A prima facie hearing within three court days of a request by the child or his or her attorney, parent, guardian, or guardian ad litem for further evidence of the prima facie case, unless the persons who prepared the reports were present or otherwise available for cross-examination [WIC §321; CRC 5.680(c), (d)].

In lieu of a prima facie hearing, you may schedule a jurisdiction hearing within 10 court days of the detention hearing. [WIC §321; CRC 5.680(d).] This avoids the need for trial after a prima facie hearing.

If a referee orders detention without a stipulation to act as a temporary judge, and the child, parent, or guardian applies for rehearing by a judge, the application must be granted unless the proceedings were recorded by a court reporter, in which case a judge must review the record and grant or deny the application. [WIC §252; CRC 5.542; see Part 1, §2.02.]


   
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© 2006 by Judicial Council of California
updated as of January 1, 2012