Section 861 Of Chapter 7. Examination Of The Case, And Discharge Of The Defendant, Or Holding Him To Answer From California Penal Code >> Title 3. >> Part 2. >> Chapter 7.
861
. (a) The preliminary examination shall be completed at one
session or the complaint shall be dismissed, unless the magistrate,
for good cause shown by affidavit, postpones it. The postponement
shall not be for more than 10 court days, unless either of the
following occur:
(1) The defendant personally waives his or her right to a
continuous preliminary examination.
(2) The prosecution establishes good cause for a postponement
beyond the 10-court-day period. If the magistrate postpones the
preliminary examination beyond the 10-court-day period, and the
defendant is in custody, the defendant shall be released pursuant to
subdivision (b) of Section 859b.
(b) The preliminary examination shall not be postponed beyond 60
days from the date the motion to postpone the examination is granted,
unless by consent or on motion of the defendant.
(c) Nothing in this section shall preclude the magistrate from
interrupting the preliminary examination to conduct brief court
matters so long as a substantial majority of the court's time is
devoted to the preliminary examination.
(d) A request for a continuance of the preliminary examination
that is made by the defendant or his or her attorney of record for
the purpose of filing a motion pursuant to paragraph (2) of
subdivision (f) of Section 1538.5 shall be deemed a personal waiver
of the defendant's right to a continuous preliminary examination.