California’s Judicial Holidays

The California Code of Civil Procedure, in Part 1, Title 1, Chapter 6, Article 3, specifies judicial holidays observed in this state. Section 133 provides that courts of justice may be held and judicial business transacted on any day, except as provided in this article.

Section 134 requires courts to be closed for the transaction of judicial business on judicial holidays for all but these purposes:

• To give, upon their request, instructions to a jury when deliberating on their verdict.

• To receive a verdict or discharge a jury.

• For the conduct of arraignments and the exercise of the powers of a magistrate in a criminal action.

• For the conduct of Saturday small claims court sessions.

In addition, injunctions and writs of prohibition may be issued and served on any day. 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 on a judicial holiday or at any hours of the day or night as the judges of the court prescribe.

Section 135 specifies that every full day designated as a holiday in the California Government Code, including that Thursday of November declared by the President to be Thanksgiving Day, is a judicial holiday, with specified exceptions, as well as any other day appointed by the President, but not by the Governor, for a public fast, thanksgiving, or holiday.

In addition, 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 observe only the judicial holidays established pursuant to this section.

Section 136 states that, if a day appointed for the holding or sitting of a court, or to which it is adjourned, falls on a judicial holiday, it is deemed appointed for or adjourned to the next day.