Re: Trial by Declaration Failed - New Trial Date Postponed
"Fair", yes... "Speedy", no!
While it is true that California Rules of Court # 4.210(b)(7) requires the clerk to set a trial date within 45 calendar days of receipt of the defendant’s written request for a new trial, that provision is far from being a statutory requirement (i.e. it does not rise to the level of the speedy trial provisions of California Penal Code section 1382).
Additionally, you should note that Rule of Court # 4.210(c) states:
(c) Due dates and time limits
Due dates and time limits must be as stated in this rule, unless changed or extended by the court. The court may extend any date, but the court need not state the reasons for granting or denying an extension on the record or in the minutes.
Meaning, it is up to the court to grant or deny a timely request for an extension if it so chooses.
I wouldn't count on it... It would be in your best interest to contact the court on Monday to ascertain whether the extension was processed and granted or not; that way you can be sure whether you should appear for your trial as originally scheduled on July 13th, or whether the trial date has been extended until August 14.
Speedy trial provisions do not apply to the TBD or TDN process.
You can protest it if you so choose... However, I would expect that the answer you receive will be based upon the 4.210(c) rule I cited above where the court is under no obligation to get your approval to an extension nor is it required to state a reason for granting or denying one!
I am right 97% of the time... Who cares about the other 4%!