Code of Civil Procedure — Part 6 | CCP — United States — California law | Esheria

Code of Civil Procedure

Part 6 of 17 · provisions 1,001–1,200

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This section limits confidentiality clauses in settlement agreements and bars courts from entering conflicting secrecy orders, but allows claimant-identity protection at the claimant’s request and allows settlement amounts to stay confidential. Settlement agreements for employment disputes generally cannot block an aggrieved person from getting future employment with the employer or related companies. A minor may disaffirm an enrollment-agreement term that makes the minor waive rights related to a criminal sexual assault or criminal sexual battery; the rest of the agreement stays valid. Settlement terms cannot bar disclosure of factual information in certain serious civil cases, and courts cannot enter conflicting gag orders. A written direction by a court or judge that is not part of a judgment is called an order, and an application for an order is called a motion.

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Provisions of Code of Civil Procedure

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  1. 1710.20.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 1. Sister State Money Judgments [1710.10 - 1710.65] ( Heading of Chapter 1 amended by Stats. 2017, Ch. 168, Sec. 2. )

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    An application based on a sister state judgment must be filed in a superior court.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 1. Sister State Money Judgments [1710.10 - 1710.65] ( Heading of Chapter 1 amended by Stats. 2017, Ch. 168, Sec. 2. ) ## 1710.20. (a) An application for entry of a judgment based on a sister state judgment shall be filed in a superior court. (b) Subject to the power of the court to transfer proceedings under this chapter pursuant to Title 4 (commencing with Section 392) of Part 2, the proper county for the filing of an application is any of the following: (1) The county in which any judgment debtor resides. (2) If no judgment debtor is a resident, any county in this state. (c) A case in which the sister state judgment amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case. (Amended by Stats. 2023, Ch. 861, Sec. 7. (SB 71) Effective January 1, 2024.)
  2. 1710.25.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 1. Sister State Money Judgments [1710.10 - 1710.65] ( Heading of Chapter 1 amended by Stats. 2017, Ch. 168, Sec. 2. )

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    When an application is filed, the clerk must enter judgment for the listed amounts, and interest then accrues on that judgment at the state’s judgment rate.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 1. Sister State Money Judgments [1710.10 - 1710.65] ( Heading of Chapter 1 amended by Stats. 2017, Ch. 168, Sec. 2. ) ## 1710.25. (a) Upon the filing of the application, the clerk shall enter a judgment based upon the application for the total of the following amounts as shown therein: (1) The amount remaining unpaid under the sister state judgment. (2) The amount of interest accrued on the sister state judgment (computed at the rate of interest applicable to the judgment under the law of the sister state). (3) The amount of the fee for filing the application for entry of the sister state judgment. (b) Entry shall be made in the same manner as entry of an original judgment of the court. From the time of entry, interest shall accrue on the judgment so entered at the rate of interest applicable to a judgment entered in this state. (Amended by Stats. 1984, Ch. 311, Sec. 4.)
  3. 1710.30.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 1. Sister State Money Judgments [1710.10 - 1710.65] ( Heading of Chapter 1 amended by Stats. 2017, Ch. 168, Sec. 2. )

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    The judgment creditor must promptly serve notice of entry of judgment on the judgment debtor, and the notice must be in a Judicial Council form that tells the debtor they have 30 days to move to vacate the judgment.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 1. Sister State Money Judgments [1710.10 - 1710.65] ( Heading of Chapter 1 amended by Stats. 2017, Ch. 168, Sec. 2. ) ## 1710.30. (a) Notice of entry of judgment shall be served promptly by the judgment creditor upon the judgment debtor in the manner provided for service of summons by Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2. Notice shall be in a form prescribed by the Judicial Council and shall inform the judgment debtor that the judgment debtor has 30 days within which to make a motion to vacate the judgment. (b) The fee for service of the notice of entry of judgment under this section is an item of costs recoverable in the same manner as statutory fees for service of a writ as provided in Chapter 5 (commencing with Section 685.010) of Division 1 of Title 9 of Part 2, but such fee may not exceed the amount allowed to a public officer or employee in this state for such service. (Amended by Stats. 1982, Ch. 497, Sec. 79. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
  4. 1710.35.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 1. Sister State Money Judgments [1710.10 - 1710.65] ( Heading of Chapter 1 amended by Stats. 2017, Ch. 168, Sec. 2. )

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    A judgment entered under this chapter generally has the same effect as an original money judgment and can be enforced or satisfied the same way, unless this chapter says otherwise.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 1. Sister State Money Judgments [1710.10 - 1710.65] ( Heading of Chapter 1 amended by Stats. 2017, Ch. 168, Sec. 2. ) ## 1710.35. Except as otherwise provided in this chapter, a judgment entered pursuant to this chapter shall have the same effect as an original money judgment of the court and may be enforced or satisfied in like manner. (Amended by Stats. 1984, Ch. 311, Sec. 5.)
  5. 1710.40.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 1. Sister State Money Judgments [1710.10 - 1710.65] ( Heading of Chapter 1 amended by Stats. 2017, Ch. 168, Sec. 2. )

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    A judgment debtor may move to vacate a sister-state judgment within 30 days after service of notice of entry of judgment, with written notice to the judgment creditor.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 1. Sister State Money Judgments [1710.10 - 1710.65] ( Heading of Chapter 1 amended by Stats. 2017, Ch. 168, Sec. 2. ) ## 1710.40. (a) A judgment entered pursuant to this chapter may be vacated on any ground which would be a defense to an action in this state on the sister state judgment, including the ground that the amount of interest accrued on the sister state judgment and included in the judgment entered pursuant to this chapter is incorrect. (b) Not later than 30 days after service of notice of entry of judgment pursuant to Section 1710.30, proof of which has been made in the manner provided by Article 5 (commencing with Section 417.10) of Chapter 4 of Title 5 of Part 2, the judgment debtor, on written notice to the judgment creditor, may make a motion to vacate the judgment under this section. (c) Upon the hearing of the motion to vacate the judgment under this section, the judgment may be vacated upon any ground provided in subdivision (a) and another and different judgment entered, including, but not limited to, another and different judgment for the judgment creditor if the decision of the court is that the judgment creditor is entitled to such different judgment. The decision of the court on the motion to vacate the judgment shall be given and filed with the clerk of court in the manner provided in Sections 632, 634, and 635, except that the court is not required to make any written findings and conclusions if the amount of the judgment as entered under Section 1710.25 does not exceed one thousand dollars ($1,000). (Amended by Stats. 1977, Ch. 232.)
  6. 1710.45.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 1. Sister State Money Judgments [1710.10 - 1710.65] ( Heading of Chapter 1 amended by Stats. 2017, Ch. 168, Sec. 2. )

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    A writ of execution or other enforcement generally cannot happen until 30 days after the judgment creditor serves notice of entry of judgment on the judgment debtor, with limited exceptions.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 1. Sister State Money Judgments [1710.10 - 1710.65] ( Heading of Chapter 1 amended by Stats. 2017, Ch. 168, Sec. 2. ) ## 1710.45. (a) Except as otherwise provided in this section, a writ of execution on a judgment entered pursuant to this chapter shall not issue, nor may the judgment be enforced by other means, until at least 30 days after the judgment creditor serves notice of entry of the judgment upon the judgment debtor, proof of which has been made in the manner provided by Article 5 (commencing with Section 417.10) of Chapter 4 of Title 5 of Part 2. (b) A writ of execution may be issued, or other enforcement sought, before service of the notice of entry of judgment if the judgment debtor is any of the following: (1) An individual who does not reside in this state. (2) A foreign corporation not qualified to do business in this state under the provisions of Chapter 21 (commencing with Section 2100) of Division 1 of Title 1 of the Corporations Code. (3) A foreign partnership which has not filed a statement pursuant to Section 15800 of the Corporations Code designating an agent for service of process. (c) The court may order that a writ of execution be issued, or may permit enforcement by other means, before service of the notice of entry of judgment if the court finds upon an ex parte showing that great or irreparable injury would result to the judgment creditor if issuance of the writ or enforcement were delayed as provided in subdivision (a). (d) Property levied upon pursuant to a writ issued under subdivision (b) or (c) or otherwise sought to be applied to the satisfaction of the judgment shall not be sold or distributed before 30 days after the judgment creditor serves notice of entry of the judgment upon the judgment debtor, proof of which has been made in the manner provided by Article 5 (commencing with Section 417.10) of Chapter 4 of Title 5 of Part 2. However, if property levied upon is perishable, it may be sold in order to prevent its destruction or loss of value, but the proceeds of the sale shall not be distributed to the judgment creditor before the date sale of nonperishable property is permissible. (Amended by Stats. 2025, Ch. 200, Sec. 11. (AB 1521) Effective January 1, 2026.)
  7. 1710.50.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 1. Sister State Money Judgments [1710.10 - 1710.65] ( Heading of Chapter 1 amended by Stats. 2017, Ch. 168, Sec. 2. )

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    The court must grant a stay of enforcement in listed situations and may impose just conditions, including an undertaking.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 1. Sister State Money Judgments [1710.10 - 1710.65] ( Heading of Chapter 1 amended by Stats. 2017, Ch. 168, Sec. 2. ) ## 1710.50. (a) The court shall grant a stay of enforcement where: (1) An appeal from the sister state judgment is pending or may be taken in the state which originally rendered the judgment. Under this paragraph, enforcement shall be stayed until the proceedings on appeal have been concluded or the time for appeal has expired. (2) A stay of enforcement of the sister state judgment has been granted in the sister state. Under this paragraph, enforcement shall be stayed until the sister state stay of enforcement expires or is vacated. (3) The judgment debtor has made a motion to vacate pursuant to Section 1710.40. Under this paragraph, enforcement shall be stayed until the judgment debtor’s motion to vacate is determined. (4) A money judgment or lien on real property was obtained against a person or entity for exercising a right guaranteed under the United States Constitution or a right guaranteed under the California Constitution, or against a person or entity for aiding and abetting the exercise of said rights. The stay of enforcement shall remain in place until such time as the statute of limitations in Section 1798.303 of the Civil Code has elapsed or an action prosecuted under Section 1798.303 has concluded, whichever is later. (5) Any other circumstance exists where the interests of justice require a stay of enforcement. (b) The court may grant a stay of enforcement under this section on its own motion, on ex parte motion, or on noticed motion. (c) The court shall grant a stay of enforcement under this section on such terms and conditions as are just including but not limited to the following: (1) The court may require an undertaking in an amount it determines to be just, but the amount of the undertaking shall not exceed double the amount of the judgment creditor’s claim. (2) If a writ of execution has been issued, the court may order that it remain in effect. (3) If property of the judgment debtor has been levied upon under a writ of execution, the court may order the levying officer to retain possession of the property capable of physical possession and to maintain the levy on other property. (Amended by Stats. 2023, Ch. 260, Sec. 9. (SB 345) Effective January 1, 2024.)
  8. 1710.55.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 1. Sister State Money Judgments [1710.10 - 1710.65] ( Heading of Chapter 1 amended by Stats. 2017, Ch. 168, Sec. 2. )

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    A court may not enter a judgment based on a sister state judgment if any listed blocking condition applies.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 1. Sister State Money Judgments [1710.10 - 1710.65] ( Heading of Chapter 1 amended by Stats. 2017, Ch. 168, Sec. 2. ) ## 1710.55. No judgment based on a sister state judgment may be entered pursuant to this chapter in any of the following cases: (a) A stay of enforcement of the sister state judgment is currently in effect in the sister state. (b) An action based on the sister state judgment is currently pending in any court in this state. (c) A judgment based on the sister state judgment has previously been entered in any proceeding in this state. (Added by Stats. 1974, Ch. 211.)
  9. 1710.60.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 1. Sister State Money Judgments [1710.10 - 1710.65] ( Heading of Chapter 1 amended by Stats. 2017, Ch. 168, Sec. 2. )

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    A judgment creditor may bring an action to enforce a sister state judgment, unless a judgment on that same sister state judgment has already been entered under this chapter.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 1. Sister State Money Judgments [1710.10 - 1710.65] ( Heading of Chapter 1 amended by Stats. 2017, Ch. 168, Sec. 2. ) ## 1710.60. (a) Except as provided in subdivision (b), nothing in this chapter affects any right a judgment creditor may have to bring an action to enforce a sister state judgment. (b) No action to enforce a sister state judgment may be brought where a judgment based on such sister state judgment has previously been entered pursuant to this chapter. (Added by Stats. 1974, Ch. 211.)
  10. 1710.65.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 1. Sister State Money Judgments [1710.10 - 1710.65] ( Heading of Chapter 1 amended by Stats. 2017, Ch. 168, Sec. 2. )

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    A judgment creditor may still sue on the non-money part of a sister state judgment, and filing that suit does not prevent entry of judgment on the sister state judgment under this chapter.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 1. Sister State Money Judgments [1710.10 - 1710.65] ( Heading of Chapter 1 amended by Stats. 2017, Ch. 168, Sec. 2. ) ## 1710.65. The entry of a judgment based on a sister state judgment pursuant to this chapter does not limit the right of the judgment creditor to bring an action based on the part of a judgment of a sister state which does not require the payment of money, nor does the bringing of such an action limit the right of the judgment creditor to obtain entry of judgment based on the sister state judgment pursuant to this chapter. (Added by Stats. 1974, Ch. 211.)
  11. 1713.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 2. Foreign-Country Money Judgments [1713 - 1725] ( Chapter 2 repealed and added by Stats. 2007, Ch. 212, Sec. 2. )

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    This section says Chapter 2 may be cited as the Uniform Foreign-Country Money Judgments Recognition Act.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 2. Foreign-Country Money Judgments [1713 - 1725] ( Chapter 2 repealed and added by Stats. 2007, Ch. 212, Sec. 2. ) ## 1713. This chapter may be cited as the Uniform Foreign-Country Money Judgments Recognition Act. (Repealed and added by Stats. 2007, Ch. 212, Sec. 2. Effective January 1, 2008.)
  12. 1714.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 2. Foreign-Country Money Judgments [1713 - 1725] ( Chapter 2 repealed and added by Stats. 2007, Ch. 212, Sec. 2. )

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    This section defines “foreign country” and “foreign-country judgment” for this chapter.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 2. Foreign-Country Money Judgments [1713 - 1725] ( Chapter 2 repealed and added by Stats. 2007, Ch. 212, Sec. 2. ) ## 1714. As used in this chapter: (a) “Foreign country” means a government other than any of the following: (1) The United States. (2) A state, district, commonwealth, territory, or insular possession of the United States. (3) A federally recognized Indian nation, tribe, pueblo, band, or Alaska Native village. (4) Any other government with regard to which the decision in this state as to whether to recognize a judgment of that government’s courts is initially subject to determination under the Full Faith and Credit Clause of the United States Constitution. (b) “Foreign-country judgment” means a judgment of a court of a foreign country. (Amended (as amended by Stats. 2014, Ch. 243, Sec. 2) by Stats. 2017, Ch. 168, Sec. 3. (AB 905) Effective January 1, 2018.)
  13. 1715.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 2. Foreign-Country Money Judgments [1713 - 1725] ( Chapter 2 repealed and added by Stats. 2007, Ch. 212, Sec. 2. )

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    This section says when a foreign-country money judgment falls within the chapter, and who must prove it qualifies for recognition.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 2. Foreign-Country Money Judgments [1713 - 1725] ( Chapter 2 repealed and added by Stats. 2007, Ch. 212, Sec. 2. ) ## 1715. (a) Except as otherwise provided in subdivision (b), this chapter applies to a foreign-country judgment to the extent that the judgment both: (1) Grants or denies recovery of a sum of money. (2) Under the law of the foreign country where rendered, is final, conclusive, and enforceable. (b) This chapter does not apply to a foreign-country judgment, even if the judgment grants or denies recovery of a sum of money, to the extent that the judgment is any of the following: (1) A judgment for taxes. (2) A fine or other penalty. (3) (A) A judgment for divorce, support, or maintenance, or other judgment rendered in connection with domestic relations. (B) A judgment for divorce, support, or maintenance, or other judgment rendered in connection with domestic relations may be recognized by a court of this state pursuant to Section 1723. (c) A party seeking recognition of a foreign-country judgment has the burden of establishing that the foreign-country judgment is entitled to recognition under this chapter. (Added by Stats. 2007, Ch. 212, Sec. 2. Effective January 1, 2008.)
  14. 1716.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 2. Foreign-Country Money Judgments [1713 - 1725] ( Chapter 2 repealed and added by Stats. 2007, Ch. 212, Sec. 2. )

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    A California court must recognize a foreign-country judgment unless a listed nonrecognition ground applies, though it may still recognize one if good reason outweighs the ground.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 2. Foreign-Country Money Judgments [1713 - 1725] ( Chapter 2 repealed and added by Stats. 2007, Ch. 212, Sec. 2. ) ## 1716. (a) Except as otherwise provided in subdivisions (b), (c), (d), and (f), a court of this state shall recognize a foreign-country judgment to which this chapter applies. (b) A court of this state shall not recognize a foreign-country judgment if any of the following apply: (1) The judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law. (2) The foreign court did not have personal jurisdiction over the defendant. (3) The foreign court did not have jurisdiction over the subject matter. (c) (1) A court of this state shall not recognize a foreign-country judgment if any of the following apply: (A) The defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend. (B) The judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case. (C) The judgment or the cause of action or claim for relief on which the judgment is based is repugnant to the public policy of this state or of the United States. (D) The proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that foreign court. (E) In the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action. (F) The judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment. (G) The specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law. (2) Notwithstanding an applicable ground for nonrecognition under paragraph (1), the court may nonetheless recognize a foreign-country judgment if the party seeking recognition of the judgment demonstrates good reason to recognize the judgment that outweighs the ground for nonrecognition. (d) A court of this state is not required to recognize a foreign-country judgment if the judgment conflicts with another final and conclusive judgment. (e) If the party seeking recognition of a foreign-country judgment has met its burden of establishing recognition of the foreign-country judgment pursuant to subdivision (c) of Section 1715, a party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in subdivision (b), (c), or (d) exists. (f) A court of this state shall not recognize a foreign-country judgment for defamation if that judgment is not recognizable under Section 4102 of Title 28 of the United States Code. (Amended by Stats. 2017, Ch. 168, Sec. 5. (AB 905) Effective January 1, 2018.)
  15. 1717.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 2. Foreign-Country Money Judgments [1713 - 1725] ( Chapter 2 repealed and added by Stats. 2007, Ch. 212, Sec. 2. )

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    A foreign-country judgment cannot be refused recognition for lack of personal jurisdiction if one of the listed conditions is met, and California courts may also treat other personal-jurisdiction bases as sufficient.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 2. Foreign-Country Money Judgments [1713 - 1725] ( Chapter 2 repealed and added by Stats. 2007, Ch. 212, Sec. 2. ) ## 1717. (a) For the purpose of paragraph (2) of subdivision (b) of Section 1716, a foreign court lacks personal jurisdiction over a defendant if either of the following conditions is met: (1) The foreign court lacks a basis for exercising personal jurisdiction that would be sufficient according to the standards governing personal jurisdiction in this state. (2) The foreign court lacks personal jurisdiction under its own law. (b) A foreign-country judgment shall not be refused recognition for lack of personal jurisdiction under paragraph (1) of subdivision (a) if any of the following apply: (1) The defendant was served with process personally in the foreign country. (2) The defendant voluntarily appeared in the proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant. (3) The defendant, before the commencement of the proceeding, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved. (4) The defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization that had its principal place of business in, or was organized under the laws of, the foreign country. (5) The defendant had a business office in the foreign country and the proceeding in the foreign court involved a cause of action or claim for relief arising out of business done by the defendant through that office in the foreign country. (6) The defendant operated a motor vehicle or airplane in the foreign country and the proceeding involved a cause of action or claim for relief arising out of that operation. (c) The list of bases for personal jurisdiction in subdivision (b) is not exclusive. The courts of this state may recognize bases of personal jurisdiction other than those listed in subdivision (b) as sufficient for the purposes of paragraph (1) of subdivision (a). (Amended by Stats. 2017, Ch. 168, Sec. 6. (AB 905) Effective January 1, 2018.)
  16. 1718.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 2. Foreign-Country Money Judgments [1713 - 1725] ( Chapter 2 repealed and added by Stats. 2007, Ch. 212, Sec. 2. )

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    A request to recognize a foreign-country judgment must be raised by filing an action if it is sought as an original matter; in a pending action, it may be raised by counterclaim, cross-claim, or affirmative defense.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 2. Foreign-Country Money Judgments [1713 - 1725] ( Chapter 2 repealed and added by Stats. 2007, Ch. 212, Sec. 2. ) ## 1718. (a) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment. (b) If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim, or affirmative defense. (Added by Stats. 2007, Ch. 212, Sec. 2. Effective January 1, 2008.)
  17. 1719.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 2. Foreign-Country Money Judgments [1713 - 1725] ( Chapter 2 repealed and added by Stats. 2007, Ch. 212, Sec. 2. )

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    If a court in a Section 1718 proceeding recognizes a foreign-country money judgment, the judgment is conclusive and enforceable to the extent it awards or denies a money sum.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 2. Foreign-Country Money Judgments [1713 - 1725] ( Chapter 2 repealed and added by Stats. 2007, Ch. 212, Sec. 2. ) ## 1719. If the court in a proceeding under Section 1718 finds that the foreign-country judgment is entitled to recognition under this chapter then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is both of the following: (a) Conclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in this state would be conclusive. (b) Enforceable in the same manner and to the same extent as a judgment rendered in this state. (Added by Stats. 2007, Ch. 212, Sec. 2. Effective January 1, 2008.)
  18. 1720.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 2. Foreign-Country Money Judgments [1713 - 1725] ( Chapter 2 repealed and added by Stats. 2007, Ch. 212, Sec. 2. )

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    If a party shows that an appeal on a foreign-country judgment is pending or will be taken, the court may stay proceedings about that judgment.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 2. Foreign-Country Money Judgments [1713 - 1725] ( Chapter 2 repealed and added by Stats. 2007, Ch. 212, Sec. 2. ) ## 1720. If a party establishes that an appeal from a foreign-country judgment is pending or will be taken in the foreign country, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient time to prosecute the appeal and has failed to do so. (Added by Stats. 2007, Ch. 212, Sec. 2. Effective January 1, 2008.)
  19. 1721.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 2. Foreign-Country Money Judgments [1713 - 1725] ( Chapter 2 repealed and added by Stats. 2007, Ch. 212, Sec. 2. )

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    A recognition action for a foreign-country judgment must be started within the earlier of the judgment’s effective period in the foreign country or 10 years after it became effective there.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 2. Foreign-Country Money Judgments [1713 - 1725] ( Chapter 2 repealed and added by Stats. 2007, Ch. 212, Sec. 2. ) ## 1721. An action to recognize a foreign-country judgment shall be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or 10 years from the date that the foreign-country judgment became effective in the foreign country. (Added by Stats. 2007, Ch. 212, Sec. 2. Effective January 1, 2008.)
  20. 1722.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 2. Foreign-Country Money Judgments [1713 - 1725] ( Chapter 2 repealed and added by Stats. 2007, Ch. 212, Sec. 2. )

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    When applying and interpreting this uniform act, consideration must be given to promoting uniformity among states that enact it.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 2. Foreign-Country Money Judgments [1713 - 1725] ( Chapter 2 repealed and added by Stats. 2007, Ch. 212, Sec. 2. ) ## 1722. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Added by Stats. 2007, Ch. 212, Sec. 2. Effective January 1, 2008.)
  21. 1723.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 2. Foreign-Country Money Judgments [1713 - 1725] ( Chapter 2 repealed and added by Stats. 2007, Ch. 212, Sec. 2. )

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    This chapter does not stop a foreign-country judgment from being recognized under comity or another basis if it is outside the chapter’s scope.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 2. Foreign-Country Money Judgments [1713 - 1725] ( Chapter 2 repealed and added by Stats. 2007, Ch. 212, Sec. 2. ) ## 1723. This chapter does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this chapter. (Added by Stats. 2007, Ch. 212, Sec. 2. Effective January 1, 2008.)
  22. 1724.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 2. Foreign-Country Money Judgments [1713 - 1725] ( Chapter 2 repealed and added by Stats. 2007, Ch. 212, Sec. 2. )

    Verify source ↗

    This section says which law applies to cases involving recognition of a foreign-country judgment, depending on whether the action was started before or on/after the chapter’s effective date.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 2. Foreign-Country Money Judgments [1713 - 1725] ( Chapter 2 repealed and added by Stats. 2007, Ch. 212, Sec. 2. ) ## 1724. (a) This chapter applies to all actions commenced on or after the effective date of this chapter in which the issue of recognition of a foreign-country judgment is raised. (b) The former Uniform Foreign Money-Judgments Recognition Act (Chapter 2 (commencing with Section 1713) of Title 11 of Part 3) applies to all actions commenced before the effective date of this chapter in which the issue of recognition of a foreign-country judgment is raised. (Added by Stats. 2007, Ch. 212, Sec. 2. Effective January 1, 2008.)
  23. 1725.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 2. Foreign-Country Money Judgments [1713 - 1725] ( Chapter 2 repealed and added by Stats. 2007, Ch. 212, Sec. 2. )

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    A person targeted by a foreign-country defamation judgment may ask for declaratory relief if the listed conditions are met.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 2. Foreign-Country Money Judgments [1713 - 1725] ( Chapter 2 repealed and added by Stats. 2007, Ch. 212, Sec. 2. ) ## 1725. (a) If all of the following conditions are satisfied, a person against whom a foreign-country defamation judgment was rendered may seek declaratory relief with respect to liability for the judgment or a determination that the judgment is not recognizable under section 1716: (1) The person is a resident or other person or entity amendable to jurisdiction in this state. (2) The person either has assets in this state that may be subject to an enforcement proceeding to satisfy the foreign-country defamation judgment or may have to take actions in this state to comply with the foreign-country defamation judgment. (3) The publication at issue was published in this state. (b) A court of this state has jurisdiction to determine a declaratory relief action or issue a determination pursuant to this section and has personal jurisdiction over the person or entity who obtained the foreign-country defamation judgment. (c) This section shall apply to a foreign-country defamation judgment regardless of when it was rendered. (Added by Stats. 2017, Ch. 168, Sec. 7. (AB 905) Effective January 1, 2018.)
  24. 1730.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 3. Tribal Court Civil Money Judgment Act [1730 - 1741] ( Chapter 3 heading added by Stats. 2017, Ch. 168, Sec. 9. )

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    This chapter may be cited as the Tribal Court Civil Money Judgment Act.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 3. Tribal Court Civil Money Judgment Act [1730 - 1741] ( Chapter 3 heading added by Stats. 2017, Ch. 168, Sec. 9. ) ## 1730. This chapter shall be known and may be cited as the Tribal Court Civil Money Judgment Act. (Amended by Stats. 2017, Ch. 168, Sec. 10. (AB 905) Effective January 1, 2018.)
  25. 1731.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 3. Tribal Court Civil Money Judgment Act [1730 - 1741] ( Chapter 3 heading added by Stats. 2017, Ch. 168, Sec. 9. )

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    This section sets the procedure for California superior courts to recognize and enter tribal court money judgments, and lists several kinds of judgments the chapter does not cover.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 3. Tribal Court Civil Money Judgment Act [1730 - 1741] ( Chapter 3 heading added by Stats. 2017, Ch. 168, Sec. 9. ) ## 1731. (a) This chapter governs the procedures by which the superior courts of the State of California recognize and enter tribal court money judgments of any federally recognized Indian tribe. Determinations regarding recognition and entry of a tribal court money judgment pursuant to state law shall have no effect upon the independent authority of that judgment. To the extent not inconsistent with this chapter, the Code of Civil Procedure shall apply. (b) This chapter does not apply to any of the following tribal court money judgments: (1) For taxes, fines, or other penalties, except for tribal taxes as described in clause 3 of subparagraph (B) of paragraph (3) of subdivision (d) of Section 1616 of Article 10 of Chapter 4 of Division 2 of Title 18 of the California Code of Regulations, and related interest or penalties. (2) For which federal law requires that states grant full faith and credit recognition, including child support orders under the Full Faith and Credit for Child Support Orders Act (28 U.S.C. Sec. 1738B), except for the purposes of recognizing a tribal court order establishing the right of a child or other dependent of a participant in a retirement plan or other plan of deferred compensation to an assignment of all or a portion of the benefits payable. (3) For which state law provides for recognition, including child support orders recognized under the Uniform Child Custody Jurisdiction and Enforcement Act (Part 3 (commencing with Section 3400) of Division 8 of the Family Code), other forms of family support orders under the Uniform Interstate Family Support Act (Part 6 (commencing with Section 5700.101) of Division 9 of the Family Code), except for the purposes of recognizing a tribal court order establishing the right of a spouse, former spouse, child, or other dependent of a participant in a retirement plan or other plan of deferred compensation to an assignment of all or a portion of the benefits payable. (4) For decedents’ estates, guardianships, conservatorships, internal affairs of trusts, powers of attorney, or other tribal court money judgments that arise in proceedings that are or would be governed by the Probate Code. (c) Nothing in this chapter shall be deemed or construed to expand or limit the jurisdiction of either the state or any Indian tribe. (Amended by Stats. 2023, Ch. 138, Sec. 1. (AB 1139) Effective January 1, 2024.)
  26. 1732.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 3. Tribal Court Civil Money Judgment Act [1730 - 1741] ( Chapter 3 heading added by Stats. 2017, Ch. 168, Sec. 9. )

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    This section defines key terms used in the chapter on enforcing tribal court money judgments.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 3. Tribal Court Civil Money Judgment Act [1730 - 1741] ( Chapter 3 heading added by Stats. 2017, Ch. 168, Sec. 9. ) ## 1732. For purposes of this chapter: (a) “Applicant” means the person or persons who can bring an action to enforce a tribal court money judgment. (b) “Civil action or proceeding” means any action or proceeding that is not criminal, except for those actions or proceedings expressly excluded by subdivision (b) of Section 1731. (c) “Due process” includes, but is not limited to, the right to be represented by legal counsel, to receive reasonable notice and an opportunity for a hearing, to call and cross-examine witnesses, and to present evidence and argument to an impartial decisionmaker. (d) “Good cause” means a substantial reason, taking into account the prejudice or irreparable harm a party will suffer if a hearing is not held on an objection or not held within the time periods established by this chapter. (e) “Respondent” means the person or persons against whom an action to enforce a tribal court money judgment can be brought. (f) “Tribal court” means any court or other tribunal of any federally recognized Indian nation, tribe, pueblo, band, or Alaska Native village, duly established under tribal or federal law, including Courts of Indian Offenses organized pursuant to Part 11 of Title 25 of the Code of Federal Regulations. (g) “Tribal court money judgment” means any written judgment, decree, or order of a tribal court for a specified amount of money that was issued in a civil action or proceeding that is final, conclusive, and enforceable by the tribal court in which it was issued and is duly authenticated in accordance with the laws and procedures of the tribe or tribal court. (Amended by Stats. 2017, Ch. 168, Sec. 12. (AB 905) Effective January 1, 2018.)
  27. 1733.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 3. Tribal Court Civil Money Judgment Act [1730 - 1741] ( Chapter 3 heading added by Stats. 2017, Ch. 168, Sec. 9. )

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    An application for entry of a judgment under this chapter must be filed in superior court.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 3. Tribal Court Civil Money Judgment Act [1730 - 1741] ( Chapter 3 heading added by Stats. 2017, Ch. 168, Sec. 9. ) ## 1733. (a) An application for entry of a judgment under this chapter shall be filed in a superior court. (b) Subject to the power of the court to transfer proceedings under this chapter pursuant to Title 4 (commencing with Section 392) of Part 2, and except as provided in Section 1733.1, the proper county for the filing of an application is either of the following: (1) The county in which any respondent resides or owns property. (2) If no respondent is a resident, any county in this state. (c) A case in which the tribal court money judgment amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case. (Amended by Stats. 2023, Ch. 861, Sec. 8. (SB 71) Effective January 1, 2024.)
  28. 1733.1.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 3. Tribal Court Civil Money Judgment Act [1730 - 1741] ( Chapter 3 heading added by Stats. 2017, Ch. 168, Sec. 9. )

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    This section lets parties ask for recognition of certain tribal court orders by filing a joint application, or use a certificate if one party will not join. The application must use a Judicial Council form, include specified contact and court information, and a certified copy of the order. The filing fee is $100, and filing is allowed in the county where either party lives.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 3. Tribal Court Civil Money Judgment Act [1730 - 1741] ( Chapter 3 heading added by Stats. 2017, Ch. 168, Sec. 9. ) ## 1733.1. (a) (1) If the parties to the underlying tribal court proceeding agree, the parties may file a joint application for the recognition of a tribal court order that establishes a right to child support, spousal support payments, or marital property rights to such spouse, former spouse, child, or other dependent of a participant in a retirement plan or other plan of deferred compensation, which order assigns all or a portion of the benefits payable with respect to the participant to an alternate payee. (2) If one of the parties to a tribal court order described in paragraph (1) does not agree to join in the application, the other party may proceed by having the tribal court execute a certificate in lieu of the signature of the other party. The Judicial Council shall adopt a format for the certificate. (3) The application shall be on a form adopted by the Judicial Council, executed under penalty of perjury by parties to the proceeding submitting the application. (4) The application shall include the name, current address, telephone number, and email address of each party, the name and mailing address of the issuing tribal court, and a certified copy of the order to be recognized. (b) The filing fee for an application filed under this section is one hundred dollars ($100). (c) An application filed pursuant to this section may be filed in the county in which either one of the parties resides. (d) Entry of the tribal court order under this section does not confer any jurisdiction on a court of this state to modify or enforce the tribal court order. (Amended by Stats. 2022, Ch. 420, Sec. 14. (AB 2960) Effective January 1, 2023.)
  29. 1734.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 3. Tribal Court Civil Money Judgment Act [1730 - 1741] ( Chapter 3 heading added by Stats. 2017, Ch. 168, Sec. 9. )

    Verify source ↗

    An applicant may file in superior court to seek recognition and entry of a judgment based on a tribal court money judgment, and the application must include specific statements and attachments.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 3. Tribal Court Civil Money Judgment Act [1730 - 1741] ( Chapter 3 heading added by Stats. 2017, Ch. 168, Sec. 9. ) ## 1734. (a) An applicant may apply for recognition and entry of a judgment based on a tribal court money judgment by filing an application in superior court pursuant to Section 1733. (b) The application shall be executed under penalty of perjury and include all of the following information: (1) The name and address of the tribal court that issued the judgment to be enforced and the date of the tribal court money judgment or any renewal thereof. (2) The name and address of the party seeking recognition. (3) (A) Any of the following statements, as applicable: (i) If the respondent is an individual, the name and last known residence address of the respondent. (ii) If the respondent is a corporation, the corporation’s name, place of incorporation, and whether the corporation, if foreign, has qualified to do business in this state under the provisions of Chapter 21 (commencing with Section 2100) of Division 1 of Title 1 of the Corporations Code. (iii) If the respondent is a partnership, the name of the partnership, whether it is a foreign partnership, and if it is a foreign partnership, whether it has filed a statement pursuant to Section 15800 of the Corporations Code designating an agent for service of process. (iv) If the respondent is a limited liability company, the company’s name, whether it is a foreign company, and if so, whether it has filed a statement pursuant to Section 17060 of the Corporations Code. (B) Except for facts that are matters of public record in this state, the statements required by this paragraph may be made on the basis of the applicant’s information and belief. (4) A statement that an action in this state to enforce the tribal court money judgment is not barred by the applicable statute of limitations. (5) A statement, based on the applicant’s information and belief, that the tribal court money judgment is final and that no stay of enforcement of the tribal court money judgment is currently in effect. (6) A statement that includes all of the following: (A) The amount of the award granted in the tribal court money judgment that remains unpaid. (B) If accrued interest on the tribal court money judgment is to be included in the California judgment, the amount of interest accrued on the tribal court money judgment, computed at the rate of interest applicable to the judgment under the law of the tribal jurisdiction in which the tribal court money judgment was issued. (C) The rate of interest applicable to the money judgment under the law of the jurisdiction in which the tribal court money judgment was issued. (D) A citation to the supporting authority. (7) A statement that no action based on the tribal court money judgment is currently pending in any state court and that no judgment based on the tribal court money judgment has previously been entered in any proceeding in this state. (c) All of the following items shall be attached to the application: (1) An authenticated copy of the tribal court money judgment, certified by the judge or clerk of the tribal court. (2) A copy of the tribal court rules of procedure pursuant to which the tribal court money judgment was entered. (3) A declaration under penalty of perjury by the tribal court clerk, applicant, or applicant’s attorney stating, based on personal knowledge, that the case that resulted in the entry of the judgment was conducted in compliance with the tribal court’s rules of procedure. (Added by Stats. 2014, Ch. 243, Sec. 4. (SB 406) Effective January 1, 2015.)
  30. 1735.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 3. Tribal Court Civil Money Judgment Act [1730 - 1741] ( Chapter 3 heading added by Stats. 2017, Ch. 168, Sec. 9. )

    Verify source ↗

    The applicant must serve the respondent with a notice and documents after filing the application, and later file proof of service. The respondent has 30 days after service to object.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 3. Tribal Court Civil Money Judgment Act [1730 - 1741] ( Chapter 3 heading added by Stats. 2017, Ch. 168, Sec. 9. ) ## 1735. (a) Promptly upon the filing of an application pursuant to Section 1734, the applicant shall serve upon the respondent a notice of filing of the application to recognize and enter the tribal court money judgment, together with a copy of the application and any documents filed with the application. The notice of filing shall be in a form that shall be prescribed by the Judicial Council, and shall inform the respondent that the respondent has 30 days from service of the notice of filing to file objections to the enforcement of the tribal court money judgment. The notice shall include the name and address of the applicant and the applicant’s attorney, if any, and the text of Sections 1736 and 1737. (b) Except as provided in subdivision (c), service shall be made in the manner provided for service of summons by Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2. (c) If a respondent is the State of California or any of its officers, employees, departments, agencies, boards, or commissions, service of the notice of filing on that respondent may be by mail to the office of the Attorney General. (d) The fee for service of the notice of filing under this section is an item of costs recoverable in the same manner as statutory fees for service of a writ as provided in Chapter 5 (commencing with Section 685.010) of Division 1 of Title 9 of Part 2, but the recoverable amount for that fee shall not exceed the amount allowed to a public officer or employee of this state for that service. (e) The applicant shall file a proof of service of the notice promptly following service. (Amended by Stats. 2021, Ch. 58, Sec. 4. (AB 627) Effective January 1, 2022.)
  31. 1736.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 3. Tribal Court Civil Money Judgment Act [1730 - 1741] ( Chapter 3 heading added by Stats. 2017, Ch. 168, Sec. 9. )

    Verify source ↗

    If no timely objections are filed under Section 1737, the clerk must certify that fact and the superior court must enter judgment.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 3. Tribal Court Civil Money Judgment Act [1730 - 1741] ( Chapter 3 heading added by Stats. 2017, Ch. 168, Sec. 9. ) ## 1736. (a) If no objections are timely filed in accordance with Section 1737, the clerk shall certify that no objections were timely filed, and a judgment shall be entered. (b) The judgment entered by the superior court shall be based on and contain the provisions and terms of the tribal court money judgment. The judgment shall be entered in the same manner, have the same effect, and be enforceable in the same manner as any civil judgment, order, or decree of a court of this state, except as provided in Section 1733.1. (Amended by Stats. 2021, Ch. 58, Sec. 5. (AB 627) Effective January 1, 2022.)
  32. 1737.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 3. Tribal Court Civil Money Judgment Act [1730 - 1741] ( Chapter 3 heading added by Stats. 2017, Ch. 168, Sec. 9. )

    Verify source ↗

    Objections to recognition of a tribal court money judgment must be filed within 30 days, and the superior court must schedule replies and a hearing if an objection is filed.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 3. Tribal Court Civil Money Judgment Act [1730 - 1741] ( Chapter 3 heading added by Stats. 2017, Ch. 168, Sec. 9. ) ## 1737. (a) Any objection to the recognition and entry of the tribal court money judgment sought under Section 1734 shall be served and filed within 30 days of service of the notice of filing. If any objection is filed within this time period, the superior court shall set a time period for replies and set the matter for a hearing. The hearing shall be held by the superior court within 45 days from the date the objection is filed unless good cause exists for a later hearing. The only grounds for objecting to the recognition or enforcement of a tribal court money judgment are the grounds set forth in subdivisions (b), (c), and (d). (b) A tribal court money judgment shall not be recognized and entered if the respondent demonstrates to the superior court that at least one of the following occurred: (1) The tribal court did not have personal jurisdiction over the respondent. (2) The tribal court did not have jurisdiction over the subject matter. (3) The judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law. (c) (1) The superior court shall decline to recognize and enter a tribal court money judgment if any one of the following grounds applies: (A) The defendant in the proceeding in the tribal court did not receive notice of the proceeding in sufficient time to enable the defendant to defend. (B) The judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case. (C) The judgment or the cause of action or claim for relief on which the judgment is based is repugnant to the public policy of the state or of the United States. (D) The proceeding in the tribal court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that tribal court. (E) In the case of jurisdiction based on personal service only, the tribal court was a seriously inconvenient forum for the trial of the action. (F) The judgment was rendered under circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment. (G) The specific proceeding in the tribal court leading to the judgment was not compatible with the requirements of due process of law. (H) The judgment includes recovery for a claim of defamation, unless the court determines that the defamation law applied by the tribal court provided at least as much protection for freedom of speech and the press as provided by both the United States and California Constitutions. (2) Notwithstanding an applicable ground for nonrecognition under paragraph (1), the court may nonetheless recognize a tribal court money judgment if the applicant demonstrates good reason to recognize the judgment that outweighs the ground for nonrecognition. (d) The superior court may, in its discretion, decline to recognize and enter a tribal court money judgment if the judgment conflicts with another final and conclusive judgment. (e) If objections have been timely filed, the applicant has the burden of establishing that the tribal court money judgment is entitled to recognition. If the applicant has met its burden, a party resisting recognition of the tribal court money judgment has the burden of establishing that a ground for nonrecognition exists pursuant to subdivision (b), (c), or (d). (Amended by Stats. 2021, Ch. 58, Sec. 6. (AB 627) Effective January 1, 2022.)
  33. 1738.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 3. Tribal Court Civil Money Judgment Act [1730 - 1741] ( Chapter 3 heading added by Stats. 2017, Ch. 168, Sec. 9. )

    Verify source ↗

    The superior court must grant a stay of enforcement if the respondent shows a qualifying basis.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 3. Tribal Court Civil Money Judgment Act [1730 - 1741] ( Chapter 3 heading added by Stats. 2017, Ch. 168, Sec. 9. ) ## 1738. The superior court shall grant a stay of enforcement if the respondent establishes one of the following to the superior court: (a) An appeal from the tribal court money judgment is pending or may be taken in the tribal court, in which case the superior court shall stay state execution of the tribal court money judgment until the proceeding on appeal has been concluded or the time for appeal has expired. (b) A stay of enforcement of the tribal court money judgment has been granted by the tribal court, in which case the superior court shall stay enforcement of the tribal court money judgment until the stay of execution expires or is vacated. (c) Any other circumstance exists where the interests of justice require a stay of enforcement. (Added by Stats. 2014, Ch. 243, Sec. 4. (SB 406) Effective January 1, 2015.)
  34. 1739.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 3. Tribal Court Civil Money Judgment Act [1730 - 1741] ( Chapter 3 heading added by Stats. 2017, Ch. 168, Sec. 9. )

    Verify source ↗

    A recognition action for a tribal court money judgment must be started within the earlier of two time limits: while the judgment remains effective in the tribal court’s territory, or 10 years from when it became effective.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 3. Tribal Court Civil Money Judgment Act [1730 - 1741] ( Chapter 3 heading added by Stats. 2017, Ch. 168, Sec. 9. ) ## 1739. An action to recognize a tribal court money judgment or any renewal thereof shall be commenced within the earlier of the following periods: (a) The time during which the tribal court money judgment is effective within the territorial jurisdiction of the tribal court. (b) Ten years from the date that the tribal court money judgment became effective in the tribal jurisdiction. (Added by Stats. 2014, Ch. 243, Sec. 4. (SB 406) Effective January 1, 2015.)
  35. 1740.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 3. Tribal Court Civil Money Judgment Act [1730 - 1741] ( Chapter 3 heading added by Stats. 2017, Ch. 168, Sec. 9. )

    Verify source ↗

    The superior court may contact the tribal court judge to help resolve issues about a tribal court money judgment, after notice to all parties.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 3. Tribal Court Civil Money Judgment Act [1730 - 1741] ( Chapter 3 heading added by Stats. 2017, Ch. 168, Sec. 9. ) ## 1740. (a) The superior court may, after notice to all parties, attempt to resolve any issues raised regarding a tribal court money judgment by contacting the tribal court judge who issued the judgment. (b) The superior court shall allow the parties to participate in, and shall prepare a record of, any communication made with the tribal court judge pursuant to this section. (Added by Stats. 2014, Ch. 243, Sec. 4. (SB 406) Effective January 1, 2015.)
  36. 1741.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 3. Tribal Court Civil Money Judgment Act [1730 - 1741] ( Chapter 3 heading added by Stats. 2017, Ch. 168, Sec. 9. )

    Verify source ↗

    This section says which tribal court money judgment actions this chapter covers, and it preserves a party’s right to enforce tribal court orders or decrees not included in the chapter judgment.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 3. Tribal Court Civil Money Judgment Act [1730 - 1741] ( Chapter 3 heading added by Stats. 2017, Ch. 168, Sec. 9. ) ## 1741. (a) The Uniform Foreign-Country Money Judgments Recognition Act (Chapter 2 (commencing with Section 1713)) applies to all actions commenced in superior court before January 1, 2015, in which the issue of recognition of a tribal court money judgment is raised. (b) This chapter applies to all actions to enforce tribal court money judgments as defined herein commenced in superior court on or after January 1, 2015. A judgment entered under this chapter shall not limit the right of a party to seek enforcement of any part of a judgment, order, or decree entered by a tribal court that is not encompassed by the judgment entered under this chapter. (Amended by Stats. 2017, Ch. 168, Sec. 15. (AB 905) Effective January 1, 2018.)
  37. 177.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 4. Incidental Powers and Duties of Judicial Officers [177 - 179] ( Chapter 4 added by Code Amendments 1880, Ch. 35. )

    Verify source ↗

    A judicial officer has power to keep order, compel obedience and attendance, administer oaths, and prohibit disruptive activities in court-related settings.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 4. Incidental Powers and Duties of Judicial Officers [177 - 179] ( Chapter 4 added by Code Amendments 1880, Ch. 35. ) ## 177. A judicial officer shall have power: (a) To preserve and enforce order in the officer’s immediate presence, and in proceedings before the officer, when the officer is engaged in the performance of official duty. (b) To compel obedience to the officer’s lawful orders as provided in this code. (c) To compel the attendance of persons to testify in a proceeding before the officer, in the cases and manner provided in this code. (d) To administer oaths to persons in a proceeding pending before the officer, and in all other cases where it may be necessary in the exercise of the officer’s powers and duties. (e) To prohibit activities that threaten access to state courthouses and court proceedings, and to prohibit interruption of judicial administration, including protecting the privilege from civil arrest at courthouses and court proceedings. (Amended by Stats. 2019, Ch. 787, Sec. 3. (AB 668) Effective January 1, 2020.)
  38. 177.5.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 4. Incidental Powers and Duties of Judicial Officers [177 - 179] ( Chapter 4 added by Code Amendments 1880, Ch. 35. )

    Verify source ↗

    A judicial officer may impose reasonable money sanctions up to $1,500 payable to the court for violating a lawful court order without good cause or substantial justification.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 4. Incidental Powers and Duties of Judicial Officers [177 - 179] ( Chapter 4 added by Code Amendments 1880, Ch. 35. ) ## 177.5. A judicial officer shall have the power to impose reasonable money sanctions, not to exceed fifteen hundred dollars ($1,500), notwithstanding any other provision of law, payable to the court, for any violation of a lawful court order by a person, done without good cause or substantial justification. This power shall not apply to advocacy of counsel before the court. For the purposes of this section, the term “person” includes a witness, a party, a party’s attorney, or both. Sanctions pursuant to this section shall not be imposed except on notice contained in a party’s moving or responding papers; or on the court’s own motion, after notice and opportunity to be heard. An order imposing sanctions shall be in writing and shall recite in detail the conduct or circumstances justifying the order. (Amended by Stats. 2005, Ch. 75, Sec. 27. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  39. 1775.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.6. CIVIL ACTION MEDIATION [1775 - 1775.15] ( Title 11.6 added by Stats. 1993, Ch. 1261, Sec. 4. )

    Verify source ↗

    This section states California’s policy favoring mediation and other court-annexed dispute resolution, and requires the Judicial Council to survey case resolutions and savings.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.6. CIVIL ACTION MEDIATION [1775 - 1775.15] ( Title 11.6 added by Stats. 1993, Ch. 1261, Sec. 4. ) ## 1775. The Legislature finds and declares that: (a) The peaceful resolution of disputes in a fair, timely, appropriate, and cost-effective manner is an essential function of the judicial branch of state government under Article VI of the California Constitution. (b) In the case of many disputes, litigation culminating in a trial is costly, time consuming, and stressful for the parties involved. Many disputes can be resolved in a fair and equitable manner through less formal processes. (c) Alternative processes for reducing the cost, time, and stress of dispute resolution, such as mediation, have been effectively used in California and elsewhere. In appropriate cases mediation provides parties with a simplified and economical procedure for obtaining prompt and equitable resolution of their disputes and a greater opportunity to participate directly in resolving these disputes. Mediation may also assist to reduce the backlog of cases burdening the judicial system. It is in the public interest for mediation to be encouraged and used where appropriate by the courts. (d) Mediation and similar alternative processes can have the greatest benefit for the parties in a civil action when used early, before substantial discovery and other litigation costs have been incurred. Where appropriate, participants in disputes should be encouraged to utilize mediation and other alternatives to trial for resolving their differences in the early stages of a civil action. (e) As a pilot project in Los Angeles County and in other counties which elect to apply this title, courts should be able to refer cases to appropriate dispute resolution processes such as judicial arbitration and mediation as an alternative to trial, consistent with the parties’ right to obtain a trial if a dispute is not resolved through an alternative process. (f) The purpose of this title is to encourage the use of court-annexed alternative dispute resolution methods in general, and mediation in particular. It is estimated that the average cost to the court for processing a civil case of the kind described in Section 1775.3 through judgment is three thousand nine hundred forty-three dollars ($3,943) for each judge day, and that a substantial portion of this cost can be saved if these cases are resolved before trial. The Judicial Council, through the Administrative Office of the Courts, shall conduct a survey to determine the number of cases resolved by alternative dispute resolution authorized by this title, and shall estimate the resulting savings realized by the courts and the parties. The results of the survey shall be included in the report submitted pursuant to Section 1775.14. The programs authorized by this title shall be deemed successful if they result in estimated savings of at least two hundred fifty thousand dollars ($250,000) to the courts and corresponding savings to the parties. (Added by Stats. 1993, Ch. 1261, Sec. 4. Effective January 1, 1994.)
  40. 1775.1.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.6. CIVIL ACTION MEDIATION [1775 - 1775.15] ( Title 11.6 added by Stats. 1993, Ch. 1261, Sec. 4. )

    Verify source ↗

    This section defines “mediation” and says a party’s act may also be done by the party’s counsel of record unless the title says otherwise or the court orders otherwise.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.6. CIVIL ACTION MEDIATION [1775 - 1775.15] ( Title 11.6 added by Stats. 1993, Ch. 1261, Sec. 4. ) ## 1775.1. (a) As used in this title, “mediation” means a process in which a neutral person or persons facilitate communication between the disputants to assist them in reaching a mutually acceptable agreement. (b) Unless otherwise specified in this title or ordered by the court, any act to be performed by a party may also be performed by his or her counsel of record. (Amended by Stats. 2002, Ch. 784, Sec. 87. Effective January 1, 2003.)
  41. 1775.10.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.6. CIVIL ACTION MEDIATION [1775 - 1775.15] ( Title 11.6 added by Stats. 1993, Ch. 1261, Sec. 4. )

    Verify source ↗

    Statements made by the parties during mediation are subject to specified Evidence Code provisions.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.6. CIVIL ACTION MEDIATION [1775 - 1775.15] ( Title 11.6 added by Stats. 1993, Ch. 1261, Sec. 4. ) ## 1775.10. All statements made by the parties during the mediation shall be subject to Sections 703.5 and 1152, and Chapter 2 (commencing with Section 1115) of Division 9, of the Evidence Code. (Amended by Stats. 1997, Ch. 772, Sec. 2. Effective January 1, 1998.)
  42. 1775.11.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.6. CIVIL ACTION MEDIATION [1775 - 1775.15] ( Title 11.6 added by Stats. 1993, Ch. 1261, Sec. 4. )

    Verify source ↗

    A party who participates in mediation under Section 1775.3 keeps the right to obtain discovery, but only as allowed by the Civil Discovery Act.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.6. CIVIL ACTION MEDIATION [1775 - 1775.15] ( Title 11.6 added by Stats. 1993, Ch. 1261, Sec. 4. ) ## 1775.11. Any party who participates in mediation pursuant to Section 1775.3 shall retain the right to obtain discovery to the extent available under the Civil Discovery Act, Title 4 (commencing with Section 2016.010) of Part 4. (Amended by Stats. 2004, Ch. 182, Sec. 17. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  43. 1775.12.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.6. CIVIL ACTION MEDIATION [1775 - 1775.15] ( Title 11.6 added by Stats. 1993, Ch. 1261, Sec. 4. )

    Verify source ↗

    A reference to mediation or a filed statement of nonagreement in a later trial is treated as an irregularity in the trial proceedings for Section 657 purposes.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.6. CIVIL ACTION MEDIATION [1775 - 1775.15] ( Title 11.6 added by Stats. 1993, Ch. 1261, Sec. 4. ) ## 1775.12. Any reference to the mediation or the statement of nonagreement filed pursuant to Section 1775.9 during any subsequent trial shall constitute an irregularity in the proceedings of the trial for the purposes of Section 657. (Added by Stats. 1993, Ch. 1261, Sec. 4. Effective January 1, 1994.)
  44. 1775.13.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.6. CIVIL ACTION MEDIATION [1775 - 1775.15] ( Title 11.6 added by Stats. 1993, Ch. 1261, Sec. 4. )

    Verify source ↗

    The Legislature states that this title should not be read to block other current or future alternative dispute resolution programs in the trial courts.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.6. CIVIL ACTION MEDIATION [1775 - 1775.15] ( Title 11.6 added by Stats. 1993, Ch. 1261, Sec. 4. ) ## 1775.13. It is the intent of the Legislature that nothing in this title be construed to preempt other current or future alternative dispute resolution programs operating in the trial courts. (Added by Stats. 1993, Ch. 1261, Sec. 4. Effective January 1, 1994.)
  45. 1775.14.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.6. CIVIL ACTION MEDIATION [1775 - 1775.15] ( Title 11.6 added by Stats. 1993, Ch. 1261, Sec. 4. )

    Verify source ↗

    The Judicial Council must submit a report to the Legislature by January 1, 1998, and it may require courts applying this title to file data needed for that report.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.6. CIVIL ACTION MEDIATION [1775 - 1775.15] ( Title 11.6 added by Stats. 1993, Ch. 1261, Sec. 4. ) ## 1775.14. (a) On or before January 1, 1998, the Judicial Council shall submit a report to the Legislature concerning court alternative dispute resolution programs. This report shall include, but not be limited to, a review of programs operated in Los Angeles County and other courts that have elected to apply this title, and shall examine, among other things, the effect of this title on the judicial arbitration programs of courts that have participated in that program. (b) The Judicial Council shall, by rule, require that each court applying this title file with the Judicial Council data that will enable the Judicial Council to submit the report required by subdivision (a). (Amended by Stats. 2006, Ch. 538, Sec. 74. Effective January 1, 2007.)
  46. 1775.15.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.6. CIVIL ACTION MEDIATION [1775 - 1775.15] ( Title 11.6 added by Stats. 1993, Ch. 1261, Sec. 4. )

    Verify source ↗

    The Judicial Council must issue rules for mediation procedures, coordination with delay-reduction procedures, and for-cause exceptions under this title.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.6. CIVIL ACTION MEDIATION [1775 - 1775.15] ( Title 11.6 added by Stats. 1993, Ch. 1261, Sec. 4. ) ## 1775.15. Notwithstanding any other provision of law except the provisions of this title, the Judicial Council shall provide by rule for all of the following: (a) The procedures to be followed in submitting actions to mediation under this act. (b) Coordination of the procedures and processes under this act with those under the trial Court Delay Reduction Act, Article 5 (commencing with Section 68600) of Chapter 2 of Title 8 of the Government Code. (c) Exceptions for cause from provisions of this title. In providing for exceptions, the Judicial Council shall take into consideration whether the civil action might not be amenable to mediation. (Added by Stats. 1993, Ch. 1261, Sec. 4. Effective January 1, 1994.)
  47. 1775.2.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.6. CIVIL ACTION MEDIATION [1775 - 1775.15] ( Title 11.6 added by Stats. 1993, Ch. 1261, Sec. 4. )

    Verify source ↗

    This section makes the title apply to Los Angeles County courts, lets other county courts choose whether to apply it to eligible actions, and allows courts to apply it to civil actions pending or filed on or after January 1, 1994.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.6. CIVIL ACTION MEDIATION [1775 - 1775.15] ( Title 11.6 added by Stats. 1993, Ch. 1261, Sec. 4. ) ## 1775.2. (a) This title shall apply to the courts of the County of Los Angeles. (b) A court of any county, at the option of the presiding judge, may elect whether or not to apply this title to eligible actions filed in that court, and this title shall not apply in any court which has not so elected. An election under this subdivision may be revoked by the court at any time. (c) Courts are authorized to apply this title to all civil actions pending or commenced on or after January 1, 1994. (Added by Stats. 1993, Ch. 1261, Sec. 4. Effective January 1, 1994.)
  48. 1775.3.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.6. CIVIL ACTION MEDIATION [1775 - 1775.15] ( Title 11.6 added by Stats. 1993, Ch. 1261, Sec. 4. )

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    Certain civil cases in specified courts may be sent to mediation by the presiding judge or designated judge.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.6. CIVIL ACTION MEDIATION [1775 - 1775.15] ( Title 11.6 added by Stats. 1993, Ch. 1261, Sec. 4. ) ## 1775.3. (a) In the courts of the County of Los Angeles and in other courts that elect to apply this title, all at-issue civil actions in which arbitration is otherwise required pursuant to Section 1141.11, whether or not the action includes a prayer for equitable relief, may be submitted to mediation by the presiding judge or the judge designated under this title as an alternative to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3. (b) Any civil action otherwise within the scope of this title in which a party to the action is a public agency or public entity may be submitted to mediation pursuant to subdivision (a). (Added by Stats. 1993, Ch. 1261, Sec. 4. Effective January 1, 1994.)
  49. 1775.4.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.6. CIVIL ACTION MEDIATION [1775 - 1775.15] ( Title 11.6 added by Stats. 1993, Ch. 1261, Sec. 4. )

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    An action already ordered into arbitration cannot later be ordered into mediation, and an action already ordered into mediation cannot later be ordered into arbitration.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.6. CIVIL ACTION MEDIATION [1775 - 1775.15] ( Title 11.6 added by Stats. 1993, Ch. 1261, Sec. 4. ) ## 1775.4. An action that has been ordered into arbitration pursuant to Section 1141.11 or 1141.12 may not be ordered into mediation under this title, and an action that has been ordered into mediation pursuant to Section 1775.3 may not be ordered into arbitration pursuant to Section 1141.11. (Added by Stats. 1993, Ch. 1261, Sec. 4. Effective January 1, 1994.)
  50. 1775.6.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.6. CIVIL ACTION MEDIATION [1775 - 1775.15] ( Title 11.6 added by Stats. 1993, Ch. 1261, Sec. 4. )

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    For mediations under Section 1775.3, the parties decide how a mediator is selected and qualified, and a mediator must be selected within 30 days. If the parties cannot agree within 15 days, the court may choose one under Judicial Council standards.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.6. CIVIL ACTION MEDIATION [1775 - 1775.15] ( Title 11.6 added by Stats. 1993, Ch. 1261, Sec. 4. ) ## 1775.6. In actions submitted to mediation pursuant to Section 1775.3, a mediator shall be selected for the action within 30 days of its submission to mediation. The method of selection and qualification of the mediator shall be as the parties determine. If the parties are unable to agree on a mediator within 15 days of the date of submission of the action to mediation, the court may select a mediator pursuant to standards adopted by the Judicial Council. (Added by Stats. 1993, Ch. 1261, Sec. 4. Effective January 1, 1994.)
  51. 1775.7.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.6. CIVIL ACTION MEDIATION [1775 - 1775.15] ( Title 11.6 added by Stats. 1993, Ch. 1261, Sec. 4. )

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    Mediation under this title does not stop the relevant time periods, unless this section provides otherwise.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.6. CIVIL ACTION MEDIATION [1775 - 1775.15] ( Title 11.6 added by Stats. 1993, Ch. 1261, Sec. 4. ) ## 1775.7. (a) Submission of an action to mediation pursuant to this title shall not suspend the running of the time periods specified in Chapter 1.5 (commencing with Section 583.110) of Title 8 of Part 2, except as provided in this section. (b) If an action is or remains submitted to mediation pursuant to this title more than four years and six months after the plaintiff has filed the action, then the time beginning on the date four years and six months after the plaintiff has filed the action and ending on the date on which a statement of nonagreement is filed pursuant to Section 1775.9 shall not be included in computing the five-year period specified in Section 583.310. (Added by Stats. 1993, Ch. 1261, Sec. 4. Effective January 1, 1994.)
  52. 1775.8.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.6. CIVIL ACTION MEDIATION [1775 - 1775.15] ( Title 11.6 added by Stats. 1993, Ch. 1261, Sec. 4. )

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    Court-appointed mediators are paid the same as arbitrators, but not before a mediator files a statement of nonagreement or the case settles.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.6. CIVIL ACTION MEDIATION [1775 - 1775.15] ( Title 11.6 added by Stats. 1993, Ch. 1261, Sec. 4. ) ## 1775.8. (a) The compensation of court-appointed mediators shall be the same as the compensation of arbitrators pursuant to Section 1141.18, except that no compensation shall be paid prior to the filing of a statement of nonagreement by the mediator pursuant to Section 1775.9 or prior to settlement of the action by the parties. (b) All administrative costs of mediation, including compensation of mediators, shall be paid in the same manner as for arbitration pursuant to Section 1141.28. Funds allocated for the payment of arbitrators under the judicial arbitration program shall be equally available for the payment of mediators under this title. (Added by Stats. 1993, Ch. 1261, Sec. 4. Effective January 1, 1994.)
  53. 1775.9.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.6. CIVIL ACTION MEDIATION [1775 - 1775.15] ( Title 11.6 added by Stats. 1993, Ch. 1261, Sec. 4. )

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    If mediation ends without agreement and a party wants to terminate it, the mediator must file a statement of nonagreement.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.6. CIVIL ACTION MEDIATION [1775 - 1775.15] ( Title 11.6 added by Stats. 1993, Ch. 1261, Sec. 4. ) ## 1775.9. (a) In the event that the parties to mediation are unable to reach a mutually acceptable agreement and any party to the mediation wishes to terminate the mediation, then the mediator shall file a statement of nonagreement. This statement shall be in a form to be developed by the Judicial Council. (b) Upon the filing of a statement of nonagreement, the matter shall be calendared for trial, by court or jury, both as to law and fact, insofar as possible, so that the trial shall be given the same place on the active list as it had prior to mediation, or shall receive civil priority on the next setting calendar. (Added by Stats. 1993, Ch. 1261, Sec. 4. Effective January 1, 1994.)
  54. 178.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 4. Incidental Powers and Duties of Judicial Officers [177 - 179] ( Chapter 4 added by Code Amendments 1880, Ch. 35. )

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    A judicial officer may punish for contempt in cases allowed by the Code when doing so helps exercise the powers from the previous section.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 4. Incidental Powers and Duties of Judicial Officers [177 - 179] ( Chapter 4 added by Code Amendments 1880, Ch. 35. ) ## 178. For the effectual exercise of the powers conferred by the last section, a judicial officer may punish for contempt in the cases provided in this Code. (Repealed and added by Code Amendments 1880, Ch. 35.)
  55. 179.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 4. Incidental Powers and Duties of Judicial Officers [177 - 179] ( Chapter 4 added by Code Amendments 1880, Ch. 35. )

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    Certain California judicial officers have power anywhere in the state to take and certify specified acknowledgments, proofs, affidavits, and depositions.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 4. Incidental Powers and Duties of Judicial Officers [177 - 179] ( Chapter 4 added by Code Amendments 1880, Ch. 35. ) ## 179. Each of the justices of the Supreme Court and of any court of appeal and the judges of the superior courts, shall have power in any part of the state to take and certify: (a) The proof and acknowledgment of a conveyance of real property, or of any other written instrument. (b) The acknowledgment of satisfaction of a judgment of any court. (c) An affidavit or deposition to be used in this state. (Amended by Stats. 2003, Ch. 62, Sec. 23. Effective January 1, 2004.)
  56. 18.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. )

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    This section says prior statutes, laws, and rules on subjects covered by the Code are repealed unless the Code expressly continues them in force.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 18. No statute, law, or rule is continued in force because it is consistent with the provisions of this Code on the same subject; but in all cases provided for by this Code, all statutes, laws, and rules heretofore in force in this State, whether consistent or not with the provisions of this Code, unless expressly continued in force by it, are repealed and abrogated. This repeal or abrogation does not revive any former law heretofore repealed, nor does it affect any right already existing or accrued, or any action or proceeding already taken, except as in this Code provided; nor does it affect any private statute not expressly repealed. (Enacted 1872.)
  57. 1800.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.7. RECOVERY OF PREFERENCES AND EXEMPT PROPERTY IN AN ASSIGNMENT FOR THE BENEFIT OF CREDITORS [1800 - 1802] ( Heading of Title 11.7 renumbered from Title 11b by Stats. 1982, Ch. 497, Sec. 81. )

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    This section lets an assignee recover certain transfers made before an assignment for the benefit of creditors, but it also lists several exceptions and requires any action to be started within one year.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.7. RECOVERY OF PREFERENCES AND EXEMPT PROPERTY IN AN ASSIGNMENT FOR THE BENEFIT OF CREDITORS [1800 - 1802] ( Heading of Title 11.7 renumbered from Title 11b by Stats. 1982, Ch. 497, Sec. 81. ) ## 1800. (a) As used in this section, the following terms have the following meanings: (1) “Insolvent” means: (A) With reference to a person other than a partnership, a financial condition such that the sum of the person’s debts is greater than all of the person’s property, at a fair valuation, exclusive of both of the following: (i) Property transferred, concealed, or removed with intent to hinder, delay, or defraud the person’s creditors. (ii) Property that is exempt from property of the estate pursuant to the election of the person made pursuant to Section 1801. (B) With reference to a partnership, financial condition such that the sum of the partnership’s debts are greater than the aggregate of, at a fair valuation, both of the following: (i) All of the partnership’s property, exclusive of property of the kind specified in clause (i) of subparagraph (A). (ii) The sum of the excess of the value of each general partner’s separate property, exclusive of property of the kind specified in clause (ii) of subparagraph (A), over the partner’s separate debts. (2) “Inventory” means personal property leased or furnished, held for sale or lease, or to be furnished under a contract for service, raw materials, work in process, or materials used or consumed in a business, including farm products such as crops or livestock, held for sale or lease. (3) “Insider” means: (A) If the assignor is an individual, any of the following: (i) A relative of the assignor or of a general partner of the assignor. (ii) A partnership in which the assignor is a general partner. (iii) A general partner of the assignor. (iv) A corporation of which the assignor is a director, officer, or person in control. (B) If the assignor is a corporation, any of the following: (i) A director of the assignor. (ii) An officer of the assignor. (iii) A person in control of the assignor. (iv) A partnership in which the assignor is a general partner. (v) A general partner of the assignor. (vi) A relative of a general partner, director, officer, or person in control of the assignor. (C) If the assignor is a partnership, any of the following: (i) A general partner in the assignor. (ii) A relative of a general partner in, general partner of, or person in control of the assignor. (iii) A partnership in which the assignor is a general partner. (iv) A general partner of the assignor. (v) A person in control of the assignor. (D) An affiliate of the assignor or an insider of an affiliate as if the affiliate were the assignor. (E) A managing agent of the assignor. As used in this paragraph, the following terms have the following meanings: “Relative” means an individual related by affinity or consanguinity within the third degree as determined by the common law, or an individual in a step or adoptive relationship within the third degree. An “affiliate” means a person that directly or indirectly owns, controls, or holds, with power to vote, 20 percent or more of the outstanding voting securities of the assignor, or 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote by the assignor, excluding securities held in a fiduciary or agency capacity without sole discretionary power to vote, or held solely to secure a debt if the holder has not in fact exercised the power to vote, or a person who operates the business of the assignor under a lease or operating agreement or whose business is operated by the assignor under a lease or operating agreement. (4) “Judicial lien” means a lien obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding. (5) “New value” means money or money’s worth in goods, services, or new credit, or release by a transferee of property previously transferred to the transferee in a transaction that is neither void nor voidable by the assignor or the assignee under any applicable law, but does not include an obligation substituted for an existing obligation. (6) “Receivable” means a right to payment, whether or not the right has been earned by performance. (7) “Security agreement” means an agreement that creates or provides for a security interest. (8) “Security interest” means a lien created by an agreement. (9) “Statutory lien” means a lien arising solely by force of a statute on specified circumstances or conditions, or lien of distress for rent, whether or not statutory, but does not include a security interest or judicial lien, whether or not the interest or lien is provided by or is dependent on a statute and whether or not the interest or lien is made fully effective by statute. (10) “Transfer” means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, or disposing of or parting with property or with an interest in property, including retention of title as a security interest. (b) Except as provided in subdivision (c), the assignee of any general assignment for the benefit of creditors, as defined in Section 493.010, may recover any transfer of property of the assignor that is all of the following: (1) To or for the benefit of a creditor. (2) For or on account of an antecedent debt owed by the assignor before the transfer was made. (3) Made while the assignor was insolvent. (4) Made on or within 90 days before the date of the making of the assignment or made between 90 days and one year before the date of making the assignment if the creditor, at the time of the transfer, was an insider and had reasonable cause to believe the debtor was insolvent at the time of the transfer. (5) Enables the creditor to receive more than another creditor of the same class. (c) The assignee may not recover under this section a transfer as follows: (1) To the extent that the transfer was both of the following: (A) Intended by the assignor and the creditor to or for whose benefit the transfer was made to be a contemporaneous exchange for new value given to the assignor. (B) In fact a substantially contemporaneous exchange. (2) To the extent that the transfer was all of the following: (A) In payment of a debt incurred in the ordinary course of business or financial affairs of the assignor and the transferee. (B) Made in the ordinary course of business or financial affairs of the assignor and the transferee. (C) Made according to ordinary business terms. (3) Of a security interest in property acquired by the assignor that meets both of the following: (A) To the extent the security interest secures new value that was all of the following: (i) Given at or after the signing of a security agreement that contains a description of the property as collateral. (ii) Given by or on behalf of the secured party under the agreement. (iii) Given to enable the assignor to acquire the property. (iv) In fact used by the assignor to acquire the property. (B) That is perfected within 20 days after the security interest attaches. (4) To or for the benefit of a creditor, to the extent that, after the transfer, the creditor gave new value to or for the benefit of the assignor that meets both of the following: (A) Not secured by an otherwise unavoidable security interest. (B) On account of which new value the assignor did not make an otherwise unavoidable transfer to or for the benefit of the creditor. (5) Of a perfected security interest in inventory or a receivable or the proceeds of either, except to the extent that the aggregate of all the transfers to the transferee caused a reduction, as of the date of the making of the assignment and to the prejudice of other creditors holding unsecured claims, of any amount by which the debt secured by the security interest exceeded the value of all security interest for the debt on the later of the following: (A) Ninety days before the date of the making of the assignment. (B) The date on which new value was first given under the security agreement creating the security interest. (6) That is the fixing of a statutory lien. (7) That is payment to a claimant, as defined in Section 8004 of the Civil Code, in exchange for the claimant’s waiver or release of any potential or asserted claim of lien, stop payment notice, or right to recover on a payment bond, or any combination thereof. (8) To the extent that the transfer was a bona fide payment of a debt to a spouse, former spouse, or child of the debtor, for alimony to, maintenance for, or support of, the spouse or child, in connection with a separation agreement, divorce decree, or other order of a court of record, or a determination made in accordance with state or territorial law by a governmental unit, or property settlement agreement; but not to the extent that either of the following occurs: (A) The debt is assigned to another entity voluntarily, by operation of law or otherwise, in which case the assignee may not recover that portion of the transfer that is assigned to the state or any political subdivision of the state pursuant to Part D of Title IV of the Social Security Act (42 U.S.C. Sec. 601 et seq.) and passed on to the spouse, former spouse, or child of the debtor. (B) The debt includes a liability designated as alimony, maintenance, or support, unless the liability is actually in the nature of alimony, maintenance, or support. (d) An assignee of any general assignment for the benefit of creditors, as defined in Section 493.010, may avoid a transfer of property of the assignor transferred to secure reimbursement of a surety that furnished a bond or other obligation to dissolve a judicial lien that would have been avoidable by the assignee under subdivision (b). The liability of the surety under the bond or obligation shall be discharged to the extent of the value of the property recovered by the assignee or the amount paid to the assignee. (e) (1) For the purposes of this section: (A) A transfer of real property other than fixtures, but including the interest of a seller or purchaser under a contract for the sale of real property, is perfected when a bona fide purchaser of the property from the debtor, against whom applicable law permits the transfer to be perfected, cannot acquire an interest that is superior to the interest of the transferee. (B) A transfer of a fixture or property other than real property is perfected when a creditor on a simple contract cannot acquire a judicial lien that is superior to the interest of the transferee. (2) For the purposes of this section, except as provided in paragraph (3), a transfer is made at any of the following times: (A) At the time the transfer takes effect between the transferor and the transferee, if the transfer is perfected at, or within 10 days after, the time, except as provided in subparagraph (B) of paragraph (3) of subdivision (c). (B) At the time the transfer is perfected, if the transfer is perfected after the 10 days. (C) Immediately before the date of making the assignment if the transfer is not perfected at the later of: (i) The making of the assignment. (ii) Ten days after the transfer takes effect between the transferor and the transferee. (3) For the purposes of this section, a transfer is not made until the assignor has acquired rights in the property transferred. (f) For the purposes of this section, the assignor is presumed to have been insolvent on and during the 90 days immediately preceding the date of making the assignment. (g) An action by an assignee under this section must be commenced within one year after making the assignment. (Amended by Stats. 2010, Ch. 697, Sec. 26. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  58. 1801.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.7. RECOVERY OF PREFERENCES AND EXEMPT PROPERTY IN AN ASSIGNMENT FOR THE BENEFIT OF CREDITORS [1800 - 1802] ( Heading of Title 11.7 renumbered from Title 11b by Stats. 1982, Ch. 497, Sec. 81. )

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    An individual assignor in a general assignment for creditors may keep certain property as exempt, including specified household items, a vehicle, tools of trade, insurance values, and certain benefits or injury payments, subject to listed dollar caps and conditions.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.7. RECOVERY OF PREFERENCES AND EXEMPT PROPERTY IN AN ASSIGNMENT FOR THE BENEFIT OF CREDITORS [1800 - 1802] ( Heading of Title 11.7 renumbered from Title 11b by Stats. 1982, Ch. 497, Sec. 81. ) ## 1801. In any general assignment for the benefit of creditors (as defined in Section 493.010), the assignor, if an individual, may choose to retain as exempt property either the property which is otherwise exempt under Chapter 4 (commencing with Section 703.010) of Division 2 of Title 9 of Part 2 or, in the alternative, the following property: (a) The assignor’s aggregate interest, not to exceed seven thousand five hundred dollars ($7,500) in value, in real property or personal property that the assignor or a dependent of the assignor uses as a residence, in a cooperative that owns property that the assignor or a dependent of the assignor uses as a residence, or in a burial plot for the assignor or a dependent of the assignor. (b) The assignor’s interest, not to exceed one thousand two hundred dollars ($1,200) in value, in one motor vehicle. (c) The assignor’s interest, not to exceed two hundred dollars ($200) in value in any particular item, in household furnishings, household goods, wearing apparel, appliances, books, animals, crops, or musical instruments, that are held primarily for the personal, family, or household use of the assignor or a dependent of the assignor. (d) The assignor’s aggregate interest, not to exceed five hundred dollars ($500) in value, in jewelry held primarily for the personal, family, or household use of the assignor or a dependent of the assignor. (e) The assignor’s aggregate interest, not to exceed in value four hundred dollars ($400) plus any unused amount of the exemption provided under subdivision (a), in any property. (f) The assignor’s aggregate interest, not to exceed seven hundred fifty dollars ($750) in value, in any implements, professional books, or tools, of the trade of the assignor or the trade of a dependent of the assignor. (g) Any unmatured life insurance contract owned by the assignor, other than a credit life insurance contract. (h) The assignor’s aggregate interest, not to exceed in value four thousand dollars ($4,000) in any accrued dividend or interest under, or loan value of, any unmatured life insurance contract owned by the assignor under which the insured is the assignor or an individual of whom the assignor is a dependent. (i) Professionally prescribed health aids for the assignor or a dependent of the assignor. (j) The assignor’s right to receive any of the following: (1) A social security benefit, unemployment compensation, or a local public assistance benefit except that this paragraph does not preclude the application of Section 1255.7 of the Unemployment Insurance Code. (2) A veterans’ benefit. (3) A disability, illness, or unemployment benefit except that this paragraph does not preclude the application of Section 1255.7 of the Unemployment Insurance Code. (4) Alimony, support, or separate maintenance, to the extent reasonably necessary for the support of the assignor and any dependent of the assignor. (5) A payment under a stock bonus, pension, profit sharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for the support of the assignor and any dependent of the assignor, unless: (i) The plan or contract was established by or under the auspices of an employer of which the assignor was a partner, officer, director or controlling person at the time the assignor’s rights under the plan or contract arose; (ii) The payment is on account of age or length of service; and (iii) Such plan or contract does not qualify under Section 401(a), 403(a), 403(b), 408, or 409 of the Internal Revenue Code of 1954 (26 U.S.C. 401(a), 403(a), 403(b), 408, or 409). (k) The assignor’s right to receive, or property that is traceable to any of the following: (1) An award under a crime victim’s reparation law. (2) A payment on account of the wrongful death of an individual of whom the assignor was a dependent, to the extent reasonably necessary for the support of the assignor and any dependent of the assignor. (3) A payment under a life insurance contract that insured the life of an individual of whom the assignor was a dependent on the date of such individual’s death, to the extent reasonably necessary for the support of the assignor and any dependent of the assignor. (4) A payment, not to exceed seven thousand five hundred dollars ($7,500), on account of personal bodily injury, as compensation for pain and suffering or actual pecuniary loss (other than loss of future earnings), of the assignor or an individual of whom the assignor is a dependent. (5) A payment in compensation of loss of future earnings of the assignor or an individual of whom the assignor is or was a dependent, to the extent reasonably necessary for the support of the assignor and any dependent of the assignor. In this section, “dependent” includes spouse, whether or not actually dependent, “assignor” means each spouse, if the assignment is made by a married couple, and “value” means fair market value as of the date of the making of the assignment. (Amended by Stats. 1983, Ch. 155, Sec. 23. Effective June 30, 1983. Operative July 1, 1983, by Sec. 32 of Ch. 155.)
  59. 1802.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.7. RECOVERY OF PREFERENCES AND EXEMPT PROPERTY IN AN ASSIGNMENT FOR THE BENEFIT OF CREDITORS [1800 - 1802] ( Heading of Title 11.7 renumbered from Title 11b by Stats. 1982, Ch. 497, Sec. 81. )

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    In a general assignment for the benefit of creditors, the assignee must notify listed creditors and other interested parties within 30 days, set a claim-filing date in the notice, and the assignor must give the assignee a signed list of creditors and related details.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11.7. RECOVERY OF PREFERENCES AND EXEMPT PROPERTY IN AN ASSIGNMENT FOR THE BENEFIT OF CREDITORS [1800 - 1802] ( Heading of Title 11.7 renumbered from Title 11b by Stats. 1982, Ch. 497, Sec. 81. ) ## 1802. (a) In any general assignment for the benefit of creditors, as defined in Section 493.010, the assignee shall, within 30 days after the assignment has been accepted in writing, give written notice of the assignment to the assignor’s creditors, equityholders, and other parties in interest as set forth on the list provided by the assignor pursuant to subdivision (c). (b) In the notice given pursuant to subdivision (a), the assignee shall establish a date by which creditors must file their claims to be able to share in the distribution of proceeds of the liquidation of the assignor’s assets. That date shall be not less than 150 days and not greater than 180 days after the date of the first giving of the written notice to creditors and parties in interest. (c) The assignor shall provide to the assignee at the time of the making of the assignment a list of creditors, equityholders, and other parties in interest, signed under penalty of perjury, which shall include the names, addresses, cities, states, and ZIP Codes for each person together with the amount of that person’s anticipated claim in the assignment proceedings. (Added by Stats. 1992, Ch. 1348, Sec. 8. Effective January 1, 1993.)
  60. 182.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5. Miscellaneous Provisions Respecting Courts of Justice [182 - 187] ( Heading of Chapter 5 amended by Stats. 1933, Ch. 743. )

    Verify source ↗

    The chapter heading does not control or limit the chapter’s scope or meaning.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5. Miscellaneous Provisions Respecting Courts of Justice [182 - 187] ( Heading of Chapter 5 amended by Stats. 1933, Ch. 743. ) ## 182. The heading to this chapter shall not be deemed to govern or limit the scope or meaning of this chapter. (Added by Stats. 1955, Ch. 59.)
  61. 1822.50.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 13. INSPECTION WARRANTS [1822.50 - 1822.60] ( Title 13 added by Stats. 1968, Ch. 1097. )

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    An inspection warrant is a written order signed by a judge and directed to a state or local official to carry out an inspection authorized or required by state or local law or regulation.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 13. INSPECTION WARRANTS [1822.50 - 1822.60] ( Title 13 added by Stats. 1968, Ch. 1097. ) ## 1822.50. An inspection warrant is an order, in writing, in the name of the people, signed by a judge of a court of record, directed to a state or local official, commanding him to conduct any inspection required or authorized by state or local law or regulation relating to building, fire, safety, plumbing, electrical, health, labor, or zoning. (Amended by Stats. 1980, Ch. 230, Sec. 1.)
  62. 1822.51.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 13. INSPECTION WARRANTS [1822.50 - 1822.60] ( Title 13 added by Stats. 1968, Ch. 1097. )

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    An inspection warrant must be issued on cause, unless another state or federal law sets a different standard.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 13. INSPECTION WARRANTS [1822.50 - 1822.60] ( Title 13 added by Stats. 1968, Ch. 1097. ) ## 1822.51. An inspection warrant shall be issued upon cause, unless some other provision of state or federal law makes another standard applicable. An inspection warrant shall be supported by an affidavit, particularly describing the place, dwelling, structure, premises, or vehicle to be inspected and the purpose for which the inspection is made. In addition, the affidavit shall contain either a statement that consent to inspect has been sought and refused or facts or circumstances reasonably justifying the failure to seek such consent. (Amended by Stats. 1984, Ch. 476, Sec. 2.)
  63. 1822.52.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 13. INSPECTION WARRANTS [1822.50 - 1822.60] ( Title 13 added by Stats. 1968, Ch. 1097. )

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    Cause is deemed to exist if either inspection standards are met or there is reason to believe a condition of nonconformity exists for the specified place or vehicle.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 13. INSPECTION WARRANTS [1822.50 - 1822.60] ( Title 13 added by Stats. 1968, Ch. 1097. ) ## 1822.52. Cause shall be deemed to exist if either reasonable legislative or administrative standards for conducting a routine or area inspection are satisfied with respect to the particular place, dwelling, structure, premises, or vehicle, or there is reason to believe that a condition of nonconformity exists with respect to the particular place, dwelling, structure, premises, or vehicle. (Added by Stats. 1968, Ch. 1097.)
  64. 1822.53.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 13. INSPECTION WARRANTS [1822.50 - 1822.60] ( Title 13 added by Stats. 1968, Ch. 1097. )

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    Before issuing an inspection warrant, a judge may examine the applicant and any other witness under oath and must be satisfied that grounds exist for the application.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 13. INSPECTION WARRANTS [1822.50 - 1822.60] ( Title 13 added by Stats. 1968, Ch. 1097. ) ## 1822.53. Before issuing an inspection warrant, the judge may examine on oath the applicant and any other witness, and shall satisfy himself of the existence of grounds for granting such application. (Added by Stats. 1968, Ch. 1097.)
  65. 1822.54.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 13. INSPECTION WARRANTS [1822.50 - 1822.60] ( Title 13 added by Stats. 1968, Ch. 1097. )

    Verify source ↗

    If the judge is satisfied that the required standard is met, the judge must issue the warrant.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 13. INSPECTION WARRANTS [1822.50 - 1822.60] ( Title 13 added by Stats. 1968, Ch. 1097. ) ## 1822.54. If the judge is satisfied that the proper standard for issuance of the warrant has been met, he or she shall issue the warrant particularly describing each place, dwelling, structure, premises, or vehicle to be inspected and designating on the warrant the purpose and limitations of the inspection, including the limitations required by this title. (Amended by Stats. 1984, Ch. 476, Sec. 3.)
  66. 1822.55.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 13. INSPECTION WARRANTS [1822.50 - 1822.60] ( Title 13 added by Stats. 1968, Ch. 1097. )

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    An inspection warrant is effective only for the time stated in it, and generally for no more than 14 days unless a judge extends or renews it. It must be executed and returned to the issuing judge within the allowed time.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 13. INSPECTION WARRANTS [1822.50 - 1822.60] ( Title 13 added by Stats. 1968, Ch. 1097. ) ## 1822.55. An inspection warrant shall be effective for the time specified therein, but not for a period of more than 14 days, unless extended or renewed by the judge who signed and issued the original warrant, upon satisfying himself that such extension or renewal is in the public interest. Such inspection warrant must be executed and returned to the judge by whom it was issued within the time specified in the warrant or within the extended or renewed time. After the expiration of such time, the warrant, unless executed, is void. (Added by Stats. 1968, Ch. 1097.)
  67. 1822.56.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 13. INSPECTION WARRANTS [1822.50 - 1822.60] ( Title 13 added by Stats. 1968, Ch. 1097. )

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    Inspection warrants may not be executed at night or without an owner/occupant present unless a judge authorizes it; forcible entry is generally barred unless the judge expressly allows it.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 13. INSPECTION WARRANTS [1822.50 - 1822.60] ( Title 13 added by Stats. 1968, Ch. 1097. ) ## 1822.56. An inspection pursuant to this warrant may not be made between 6:00 p.m. of any day and 8:00 a.m. of the succeeding day, nor in the absence of an owner or occupant of the particular place, dwelling, structure, premises, or vehicle unless specifically authorized by the judge upon a showing that such authority is reasonably necessary to effectuate the purpose of the regulation being enforced. An inspection pursuant to a warrant shall not be made by means of forcible entry, except that the judge may expressly authorize a forcible entry where facts are shown sufficient to create a reasonable suspicion of a violation of a state or local law or regulation relating to building, fire, safety, plumbing, electrical, health, labor, or zoning, which, if such violation existed, would be an immediate threat to health or safety, or where facts are shown establishing that reasonable attempts to serve a previous warrant have been unsuccessful. Where prior consent has been sought and refused, notice that a warrant has been issued must be given at least 24 hours before the warrant is executed, unless the judge finds that immediate execution is reasonably necessary in the circumstances shown. (Amended by Stats. 1980, Ch. 230, Sec. 2.)
  68. 1822.57.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 13. INSPECTION WARRANTS [1822.50 - 1822.60] ( Title 13 added by Stats. 1968, Ch. 1097. )

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    A person who willfully refuses to allow an inspection authorized by a warrant under this title commits a misdemeanor.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 13. INSPECTION WARRANTS [1822.50 - 1822.60] ( Title 13 added by Stats. 1968, Ch. 1097. ) ## 1822.57. Any person who willfully refuses to permit an inspection lawfully authorized by warrant issued pursuant to this title is guilty of a misdemeanor. (Added by Stats. 1968, Ch. 1097.)
  69. 1822.58.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 13. INSPECTION WARRANTS [1822.50 - 1822.60] ( Title 13 added by Stats. 1968, Ch. 1097. )

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    A warrant may be issued to let Department of Fish and Game personnel inspect places where fish, amphibia, or aquatic plants are held or stored.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 13. INSPECTION WARRANTS [1822.50 - 1822.60] ( Title 13 added by Stats. 1968, Ch. 1097. ) ## 1822.58. A warrant may be issued under the requirements of this title to authorize personnel of the Department of Fish and Game to conduct inspections of locations where fish, amphibia, or aquatic plants are held or stored under Division 12 (commencing with Section 15000) of the Fish and Game Code. (Added by Stats. 1982, Ch. 1486, Sec. 1.)
  70. 1822.59.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 13. INSPECTION WARRANTS [1822.50 - 1822.60] ( Title 13 added by Stats. 1968, Ch. 1097. )

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    This section lets a judge issue a warrant for certain pest or disease eradication inspections, but the warrant must limit inspection to the exterior of listed properties in urban areas and must state the area and inspection limits.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 13. INSPECTION WARRANTS [1822.50 - 1822.60] ( Title 13 added by Stats. 1968, Ch. 1097. ) ## 1822.59. (a) Notwithstanding the provisions of Section 1822.54, for purposes of an animal or plant pest or disease eradication effort pursuant to Division 4 (commencing with Section 5001) or Division 5 (commencing with Section 9101) of the Food and Agricultural Code, the judge may issue a warrant under the requirements of this title describing a specified geographic area to be inspected by authorized personnel of the Department of Food and Agriculture. (b) A warrant issued pursuant to this section may only authorize the inspection of the exterior of places, dwellings, structures, premises or vehicles, and only in areas urban in character. The warrant shall state the geographical area which it covers and the purpose of and limitations on the inspection. (c) A warrant may be issued pursuant to this section whether or not the property owners in the area have refused to consent to the inspection. A peace officer may use reasonable force to enter a property to be inspected if so authorized by the warrant. (Added by Stats. 1984, Ch. 476, Sec. 4.)
  71. 1822.60.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 13. INSPECTION WARRANTS [1822.50 - 1822.60] ( Title 13 added by Stats. 1968, Ch. 1097. )

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    A warrant may be issued under this title to let Department of Justice personnel conduct inspections under the specified Business and Professions Code provision.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 13. INSPECTION WARRANTS [1822.50 - 1822.60] ( Title 13 added by Stats. 1968, Ch. 1097. ) ## 1822.60. A warrant may be issued under the requirements of this title to authorize personnel of the Department of Justice to conduct inspections as provided in subdivision (a) of Section 19827 of the Business and Professions Code. (Amended by Stats. 2007, Ch. 176, Sec. 51. Effective August 24, 2007.)
  72. 184.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5. Miscellaneous Provisions Respecting Courts of Justice [182 - 187] ( Heading of Chapter 5 amended by Stats. 1933, Ch. 743. )

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    Court proceedings are not to be affected by a vacancy in the office of any judge or justice.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5. Miscellaneous Provisions Respecting Courts of Justice [182 - 187] ( Heading of Chapter 5 amended by Stats. 1933, Ch. 743. ) ## 184. No proceeding in any court of justice, in an action or special proceeding pending therein, shall be affected by a vacancy in the office of all or any of the judges or justices thereof. (Amended by Stats. 1933, Ch. 743.)
  73. 185.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5. Miscellaneous Provisions Respecting Courts of Justice [182 - 187] ( Heading of Chapter 5 amended by Stats. 1933, Ch. 743. )

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    Court proceedings in this state must be in English, but courts may provide unofficial translations of certain listed court orders. The Judicial Council must make translated domestic violence protective order forms available to all courts by July 1, 2001.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5. Miscellaneous Provisions Respecting Courts of Justice [182 - 187] ( Heading of Chapter 5 amended by Stats. 1933, Ch. 743. ) ## 185. (a) Every written proceeding in a court of justice in this state shall be in the English language, and judicial proceedings shall be conducted, preserved, and published in no other. Nothing in this section shall prohibit a court from providing an unofficial translation of a court order issued pursuant to Section 527.6 or 527.8 of the Code of Civil Procedure, or Part 1 (commencing with Section 6200) of Division 10 of the Family Code, or Section 136.2 of the Penal Code, in a language other than English. (b) The Judicial Council shall, by July 1, 2001, make available to all courts, translations of domestic violence protective order forms in languages other than English, as the Judicial Council deems appropriate, for protective orders issued pursuant to Section 527.6 or 527.8 of the Code of Civil Procedure, or Part 1 (commencing with Section 6200) of Division 10 of the Family Code, or Section 136.2 of the Penal Code. (Amended by Stats. 1999, Ch. 662, Sec. 1. Effective January 1, 2000.)
  74. 1855.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 1. OF THE GENERAL PRINCIPLES OF EVIDENCE [1855 - 1866] ( Title 1 enacted 1872. )

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    A person interested in a recorded map that was injured, destroyed, lost, or stolen may petition the superior court to record a true copy in its place.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 1. OF THE GENERAL PRINCIPLES OF EVIDENCE [1855 - 1866] ( Title 1 enacted 1872. ) ## 1855. When any map which has been recorded in the office of the recorder of any county is injured, destroyed, lost, or stolen, any person interested may file in the superior court of the county in which the map was originally filed or recorded a verified petition in writing alleging that the map has been injured, destroyed, lost, or stolen without fault of the person making the application, and that the petitioner has a true and correct copy of the original map which he or she offers for record in the place of the original map. The petition shall be accompanied by a copy of the true copy offered for recording. Upon the filing of the petition the clerk shall set it for hearing by the court, and give notice of the hearing by causing notice of the time and place of the hearing to be posted at the courthouse in the county where the court is held at least 10 days prior to the hearing. A copy of the petition and a copy of the true copy offered for record shall be served upon the recorder of the county in which the proceedings are brought at least 10 days prior to the hearing. The court may order any further notice to be given as it deems proper. At the time set for the hearing the court shall take evidence for and against the petition, and if it appears to the court from the evidence presented that the copy of the map submitted is a true copy of the original map, it shall decree that the copy is a true copy of the original map, and order the copy placed of record in the office of the recorder in the place of the original map. A certified copy of the decree shall accompany the true copy of the map for record. When presented to the county recorder for record, he or she shall place of record the copy of the map in the place of the original map. When placed of record the copy shall have the same effect as the original map, and conveyances of property referring to the original map shall have the same effect as though the original map had not been injured, destroyed, lost, or stolen, and conveyances thereafter made referring to the copy of the original map shall be deemed to refer also to the original map. (Added by renumbering Section 1855b by Stats. 1987, Ch. 56, Sec. 23.)
  75. 1856.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 1. OF THE GENERAL PRINCIPLES OF EVIDENCE [1855 - 1866] ( Title 1 enacted 1872. )

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    This section limits use of evidence to contradict a final written agreement, but allows certain explanations, supplements, and exceptions.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 1. OF THE GENERAL PRINCIPLES OF EVIDENCE [1855 - 1866] ( Title 1 enacted 1872. ) ## 1856. (a) Terms set forth in a writing intended by the parties as a final expression of their agreement with respect to the terms included therein may not be contradicted by evidence of a prior agreement or of a contemporaneous oral agreement. (b) The terms set forth in a writing described in subdivision (a) may be explained or supplemented by evidence of consistent additional terms unless the writing is intended also as a complete and exclusive statement of the terms of the agreement. (c) The terms set forth in a writing described in subdivision (a) may be explained or supplemented by course of dealing or usage of trade or by course of performance. (d) The court shall determine whether the writing is intended by the parties as a final expression of their agreement with respect to the terms included therein and whether the writing is intended also as a complete and exclusive statement of the terms of the agreement. (e) Where a mistake or imperfection of the writing is put in issue by the pleadings, this section does not exclude evidence relevant to that issue. (f) Where the validity of the agreement is the fact in dispute, this section does not exclude evidence relevant to that issue. (g) This section does not exclude other evidence of the circumstances under which the agreement was made or to which it relates, as defined in Section 1860, or to explain an extrinsic ambiguity or otherwise interpret the terms of the agreement, or to establish illegality or fraud. (h) As used in this section, “agreement” includes trust instruments, deeds, wills, and contracts between parties. (Amended by Stats. 2013, Ch. 81, Sec. 1. (AB 824) Effective January 1, 2014.)
  76. 1857.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 1. OF THE GENERAL PRINCIPLES OF EVIDENCE [1855 - 1866] ( Title 1 enacted 1872. )

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    A writing is interpreted according to the meaning it has at the place where it was executed, unless the parties meant a different place.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 1. OF THE GENERAL PRINCIPLES OF EVIDENCE [1855 - 1866] ( Title 1 enacted 1872. ) ## 1857. The language of a writing is to be interpreted according to the meaning it bears in the place of its execution, unless the parties have reference to a different place. (Enacted 1872.)
  77. 1858.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 1. OF THE GENERAL PRINCIPLES OF EVIDENCE [1855 - 1866] ( Title 1 enacted 1872. )

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    A judge must interpret a statute or instrument by stating what it says, not adding omitted words or removing inserted ones.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 1. OF THE GENERAL PRINCIPLES OF EVIDENCE [1855 - 1866] ( Title 1 enacted 1872. ) ## 1858. In the construction of a statute or instrument, the office of the Judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all. (Enacted 1872.)
  78. 1859.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 1. OF THE GENERAL PRINCIPLES OF EVIDENCE [1855 - 1866] ( Title 1 enacted 1872. )

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    This section says to follow the Legislature’s intended meaning in statutes and the parties’ intended meaning in instruments, if possible; if a general and a specific provision conflict, the specific one controls.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 1. OF THE GENERAL PRINCIPLES OF EVIDENCE [1855 - 1866] ( Title 1 enacted 1872. ) ## 1859. In the construction of a statute the intention of the Legislature, and in the construction of the instrument the intention of the parties, is to be pursued, if possible; and when a general and particular provision are inconsistent, the latter is paramount to the former. So a particular intent will control a general one that is inconsistent with it. (Enacted 1872.)
  79. 186.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5. Miscellaneous Provisions Respecting Courts of Justice [182 - 187] ( Heading of Chapter 5 amended by Stats. 1933, Ch. 743. )

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    Common abbreviations may be used, and numbers may be written as figures or numerals in the customary manner.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5. Miscellaneous Provisions Respecting Courts of Justice [182 - 187] ( Heading of Chapter 5 amended by Stats. 1933, Ch. 743. ) ## 186. Such abbreviations as are in common use may be used, and numbers may be expressed by figures or numerals in the customary manner. (Repealed and added by Code Amendments 1880, Ch. 35.)
  80. 1860.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 1. OF THE GENERAL PRINCIPLES OF EVIDENCE [1855 - 1866] ( Title 1 enacted 1872. )

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    For interpreting an instrument, its surrounding circumstances, including the subject and the parties, may be shown to help the judge understand the language used.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 1. OF THE GENERAL PRINCIPLES OF EVIDENCE [1855 - 1866] ( Title 1 enacted 1872. ) ## 1860. For the proper construction of an instrument, the circumstances under which it was made, including the situation of the subject of the instrument, and of the parties to it, may also be shown, so that the Judge be placed in the position of those whose language he is to interpret. (Enacted 1872.)
  81. 1861.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 1. OF THE GENERAL PRINCIPLES OF EVIDENCE [1855 - 1866] ( Title 1 enacted 1872. )

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    The terms of a writing are presumed to use their primary and general meaning, but evidence may show they were meant in a local, technical, or otherwise special sense in the particular case.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 1. OF THE GENERAL PRINCIPLES OF EVIDENCE [1855 - 1866] ( Title 1 enacted 1872. ) ## 1861. The terms of a writing are presumed to have been used in their primary and general acceptation, but evidence is nevertheless admissible that they have a local, technical, or otherwise peculiar signification, and were so used and understood in the particular instance, in which case the agreement must be construed accordingly. (Enacted 1872.)
  82. 1862.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 1. OF THE GENERAL PRINCIPLES OF EVIDENCE [1855 - 1866] ( Title 1 enacted 1872. )

    Verify source ↗

    If an instrument has both written words and a printed form and they conflict, the written words control.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 1. OF THE GENERAL PRINCIPLES OF EVIDENCE [1855 - 1866] ( Title 1 enacted 1872. ) ## 1862. When an instrument consists partly of written words and partly of a printed form, and the two are inconsistent, the former controls the latter. (Enacted 1872.)
  83. 1864.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 1. OF THE GENERAL PRINCIPLES OF EVIDENCE [1855 - 1866] ( Title 1 enacted 1872. )

    Verify source ↗

    If the parties intended an agreement’s terms in different senses, the sense understood by the other party prevails; if two constructions of a provision are equally proper, the one most favorable to the benefited party is taken.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 1. OF THE GENERAL PRINCIPLES OF EVIDENCE [1855 - 1866] ( Title 1 enacted 1872. ) ## 1864. When the terms of an agreement have been intended in a different sense by the different parties to it, that sense is to prevail against either party in which he supposed the other understood it, and when different constructions of a provision are otherwise equally proper, that is to be taken which is most favorable to the party in whose favor the provision was made. (Enacted 1872.)
  84. 1865.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 1. OF THE GENERAL PRINCIPLES OF EVIDENCE [1855 - 1866] ( Title 1 enacted 1872. )

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    Written notices and other writings are interpreted by their ordinary meaning.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 1. OF THE GENERAL PRINCIPLES OF EVIDENCE [1855 - 1866] ( Title 1 enacted 1872. ) ## 1865. A written notice, as well as every other writing, is to be construed according to the ordinary acceptation of its terms. Thus a notice to the drawers or indorsers of a bill of exchange or promissory note, that it has been protested for want of acceptance or payment, must be held to import that the same has been duly presented for acceptance or payment and the same refused, and that the holder looks for payment to the person to whom the notice is given. (Enacted 1872.)
  85. 1866.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 1. OF THE GENERAL PRINCIPLES OF EVIDENCE [1855 - 1866] ( Title 1 enacted 1872. )

    Verify source ↗

    If a statute or instrument can be read in two ways, the interpretation favoring natural right must be chosen.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 1. OF THE GENERAL PRINCIPLES OF EVIDENCE [1855 - 1866] ( Title 1 enacted 1872. ) ## 1866. When a statute or instrument is equally susceptible of two interpretations, one in favor of natural right, and the other against it, the former is to be adopted. (Enacted 1872.)
  86. 187.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5. Miscellaneous Provisions Respecting Courts of Justice [182 - 187] ( Heading of Chapter 5 amended by Stats. 1933, Ch. 743. )

    Verify source ↗

    Courts or judicial officers with conferred jurisdiction may use all necessary means and, if procedure is not otherwise specified, adopt a suitable process.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5. Miscellaneous Provisions Respecting Courts of Justice [182 - 187] ( Heading of Chapter 5 amended by Stats. 1933, Ch. 743. ) ## 187. When jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this Code. (Repealed and added by Code Amendments 1880, Ch. 35.)
  87. 1878.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 2. Witnesses [1878- 1878.] ( Chapter 2 enacted 1872. )

    Verify source ↗

    A witness is someone whose sworn statement can be used as evidence, including statements made orally, by deposition, or by affidavit.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 2. Witnesses [1878- 1878.] ( Chapter 2 enacted 1872. ) ## 1878. A witness is a person whose declaration under oath is received as evidence for any purpose, whether such declaration be made on oral examination, or by deposition or affidavit. (Enacted 1872.)
  88. 1895.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Public Writings [1895 - 1917] ( Article 2 enacted 1872. )

    Verify source ↗

    This provision states that laws, whether organic or ordinary, are either written or unwritten.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Public Writings [1895 - 1917] ( Article 2 enacted 1872. ) ## 1895. Laws, whether organic or ordinary, are either written or unwritten. (Enacted 1872.)
  89. 1896.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Public Writings [1895 - 1917] ( Article 2 enacted 1872. )

    Verify source ↗

    A written law means a law that is put in writing and has an existing record.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Public Writings [1895 - 1917] ( Article 2 enacted 1872. ) ## 1896. A written law is that which is promulgated in writing, and of which a record is in existence. (Enacted 1872.)
  90. 1897.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Public Writings [1895 - 1917] ( Article 2 enacted 1872. )

    Verify source ↗

    This section says the organic law is the Constitution of Government, and that the State’s written law is found in its Constitution and statutes, plus the Constitution and statutes of the United States.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Public Writings [1895 - 1917] ( Article 2 enacted 1872. ) ## 1897. The organic law is the Constitution of Government, and is altogether written. Other written laws are denominated statutes. The written law of this State is therefore contained in its Constitution and statutes, and in the Constitution and statutes of the United States. (Enacted 1872.)
  91. 1898.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Public Writings [1895 - 1917] ( Article 2 enacted 1872. )

    Verify source ↗

    The section says statutes are either private or public.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Public Writings [1895 - 1917] ( Article 2 enacted 1872. ) ## 1898. Statutes are public or private. A private statute is one which concerns only certain designated individuals, and affects only their private rights. All other statutes are public, in which are included statutes creating or affecting corporations. (Enacted 1872.)
  92. 1899.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Public Writings [1895 - 1917] ( Article 2 enacted 1872. )

    Verify source ↗

    This section defines unwritten law as law that is not formally promulgated or recorded, but is still observed and applied in the courts.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Public Writings [1895 - 1917] ( Article 2 enacted 1872. ) ## 1899. Unwritten law is the law not promulgated and recorded, as mentioned in Section 1896, but which is, nevertheless, observed and administered in the Courts of the country. It has no certain repository, but is collected from the reports of the decisions of the Courts, and the treatises of learned men. (Enacted 1872.)
  93. 19.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. )

    Verify source ↗

    This Act may be cited as “The Code of Civil Procedure,” with the section number added when needed.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 19. This Act, whenever cited, enumerated, referred to, or amended, may be designated simply as “The Code of Civil Procedure,” adding, when necessary, the number of the section. (Enacted 1872.)
  94. 190.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

    Verify source ↗

    This chapter may be cited as the Trial Jury Selection and Management Act.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 190. This chapter shall be known and may be cited as the Trial Jury Selection and Management Act. (Repealed and added by Stats. 1988, Ch. 1245, Sec. 2.)
  95. 1904.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Public Writings [1895 - 1917] ( Article 2 enacted 1872. )

    Verify source ↗

    This section defines what counts as a judicial record.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Public Writings [1895 - 1917] ( Article 2 enacted 1872. ) ## 1904. A judicial record is the record or official entry of the proceedings in a Court of justice, or of the official act of a judicial officer, in an action or special proceeding. (Enacted 1872.)
  96. 1908.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Public Writings [1895 - 1917] ( Article 2 enacted 1872. )

    Verify source ↗

    This section says certain judgments or final orders are conclusive, and it explains when nonparties can also be bound by them.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Public Writings [1895 - 1917] ( Article 2 enacted 1872. ) ## 1908. (a) The effect of a judgment or final order in an action or special proceeding before a court or judge of this state, or of the United States, having jurisdiction to pronounce the judgment or order, is as follows: (1) In case of a judgment or order against a specific thing, or in respect to the probate of a will, or the administration of the estate of a decedent, or in respect to the personal, political, or legal condition or relation of a particular person, the judgment or order is conclusive upon the title to the thing, the will, or administration, or the condition or relation of the person. (2) In other cases, the judgment or order is, in respect to the matter directly adjudged, conclusive between the parties and their successors in interest by title subsequent to the commencement of the action or special proceeding, litigating for the same thing under the same title and in the same capacity, provided they have notice, actual or constructive, of the pendency of the action or proceeding. (b) A person who is not a party but who controls an action, individually or in cooperation with others, is bound by the adjudications of litigated matters as if he were a party if he has a proprietary or financial interest in the judgment or in the determination of a question of fact or of a question of law with reference to the same subject matter or transaction; if the other party has notice of his participation, the other party is equally bound. At any time prior to a final judgment, as defined in Section 577, a determination of whether the judgment, verdict upon which it was entered, or a finding upon which it was entered is to be binding upon a nonparty pursuant to this subdivision or whether such nonparty is entitled to the benefit of this subdivision may, on the noticed motion of any party or any nonparty that may be affected by this subdivision, be made in the court in which the action was tried or in which the action is pending on appeal. If no such motion is made before the judgment becomes final, the determination may be made in a separate action. If appropriate, a judgment may be entered or ordered to be entered pursuant to such determination. (Amended by Stats. 1975, Ch. 225.)
  97. 1908.5.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Public Writings [1895 - 1917] ( Article 2 enacted 1872. )

    Verify source ↗

    If a conclusive court judgment or order can be pleaded, it must be alleged in the pleadings; if it cannot, it may still be used as evidence.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Public Writings [1895 - 1917] ( Article 2 enacted 1872. ) ## 1908.5. When a judgment or order of a court is conclusive, the judgment or order must be alleged in the pleadings if there be an opportunity to do so; if there be no such opportunity, the judgment or order may be used as evidence. (Added by Stats. 1965, Ch. 299.)
  98. 1909.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Public Writings [1895 - 1917] ( Article 2 enacted 1872. )

    Verify source ↗

    Certain judicial orders create a disputable presumption on the matter they directly determine.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Public Writings [1895 - 1917] ( Article 2 enacted 1872. ) ## 1909. Other judicial orders of a Court or Judge of this State, or of the United States, create a disputable presumption, according to the matter directly determined, between the same parties and their representatives and successors in interest by title subsequent to the commencement of the action or special proceeding, litigating for the same thing under the same title and in the same capacity. (Enacted 1872.)
  99. 191.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

    Verify source ↗

    Jury service must be selected at random, qualified persons must serve when summoned, and jury commissioners must manage jury systems efficiently, equitably, and cost-effectively.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 191. The Legislature recognizes that trial by jury is a cherished constitutional right, and that jury service is an obligation of citizenship. It is the policy of the State of California that all persons selected for jury service shall be selected at random from the population of the area served by the court; that all qualified persons have an equal opportunity, in accordance with this chapter, to be considered for jury service in the state and an obligation to serve as jurors when summoned for that purpose; and that it is the responsibility of jury commissioners to manage all jury systems in an efficient, equitable, and cost-effective manner, in accordance with this chapter. (Repealed and added by Stats. 1988, Ch. 1245, Sec. 2.)
  100. 1910.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Public Writings [1895 - 1917] ( Article 2 enacted 1872. )

    Verify source ↗

    The provision says parties can be treated as the same parties in certain evidence situations.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Public Writings [1895 - 1917] ( Article 2 enacted 1872. ) ## 1910. The parties are deemed to be the same when those between whom the evidence is offered were on opposite sides in the former case, and a judgment or other determination could in that case have been made between them alone, though other parties were joined with both or either. (Enacted 1872.)
  101. 1911.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Public Writings [1895 - 1917] ( Article 2 enacted 1872. )

    Verify source ↗

    In considering a former judgment, only what appears on the face of that judgment, or what was actually and necessarily included in it or necessary to it, is deemed to have been adjudged.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Public Writings [1895 - 1917] ( Article 2 enacted 1872. ) ## 1911. That only is deemed to have been adjudged in a former judgment which appears upon its face to have been so adjudged, or which was actually and necessarily included therein or necessary thereto. (Enacted 1872.)
  102. 1912.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Public Writings [1895 - 1917] ( Article 2 enacted 1872. )

    Verify source ↗

    If a party bound by a record is a surety for another person, that other person is also bound once they have notice of the action or proceeding and a chance, at the surety’s request, to join the defense.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Public Writings [1895 - 1917] ( Article 2 enacted 1872. ) ## 1912. Whenever, pursuant to the last four sections, a party is bound by a record, and such party stands in the relation of a surety for another, the latter is also bound from the time that he has notice of the action or proceeding, and an opportunity at the surety’s request to join in the defense. (Enacted 1872.)
  103. 1913.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Public Writings [1895 - 1917] ( Article 2 enacted 1872. )

    Verify source ↗

    A sister state judicial record has the same effect in this state as in the state where it was made, but it can be enforced here only by an action or special proceeding. A guardian, conservator, committee, or personal representative’s authority does not extend beyond the jurisdiction where it was granted, unless another statute or the cited Probate Code article expressly allows it.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Public Writings [1895 - 1917] ( Article 2 enacted 1872. ) ## 1913. (a) Subject to subdivision (b), the effect of a judicial record of a sister state is the same in this state as in the state where it was made, except that it can only be enforced in this state by an action or special proceeding. (b) The authority of a guardian, conservator, or committee, or of a personal representative, does not extend beyond the jurisdiction of the government under which that person was invested with authority, except to the extent expressly authorized by Article 4 (commencing with Section 2011) of Chapter 8 of Part 3 of Division 4 of the Probate Code or another statute. (Amended by Stats. 2014, Ch. 553, Sec. 1. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.)
  104. 1914.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Public Writings [1895 - 1917] ( Article 2 enacted 1872. )

    Verify source ↗

    A judicial record from a foreign country’s court of admiralty has the same effect as a record of a U.S. court of admiralty.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Public Writings [1895 - 1917] ( Article 2 enacted 1872. ) ## 1914. The effect of the judicial record of a Court of admiralty of a foreign country is the same as if it were the record of a Court of admiralty of the United States. (Enacted 1872.)
  105. 1916.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Public Writings [1895 - 1917] ( Article 2 enacted 1872. )

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    A judicial record may be impeached with evidence that the court or judicial officer lacked jurisdiction, that there was collusion between the parties, or that the party offering the record committed fraud in the proceedings.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Public Writings [1895 - 1917] ( Article 2 enacted 1872. ) ## 1916. Any judicial record may be impeached by evidence of a want of jurisdiction in the Court or judicial officer, of collusion between the parties, or of fraud in the party offering the record, in respect to the proceedings. (Enacted 1872.)
  106. 1917.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Public Writings [1895 - 1917] ( Article 2 enacted 1872. )

    Verify source ↗

    A record is supported by jurisdiction over the cause, the parties, and the thing when a specific thing is the subject of the judgment.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Public Writings [1895 - 1917] ( Article 2 enacted 1872. ) ## 1917. The jurisdiction sufficient to sustain a record is jurisdiction over the cause, over the parties, and over the thing, when a specific thing is the subject of the judgment. (Enacted 1872.)
  107. 192.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

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    This chapter applies to juror selection and the formation of trial juries in civil and criminal cases in the state’s trial courts.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 192. This chapter applies to the selection of jurors, and the formation of trial juries, for both civil and criminal cases, in all trial courts of the state. (Repealed and added by Stats. 1988, Ch. 1245, Sec. 2.)
  108. 1929.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 3. Private Writings [1929 - 1952.3] ( Article 3 enacted 1872. )

    Verify source ↗

    Private writings are classified as either sealed or unsealed.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 3. Private Writings [1929 - 1952.3] ( Article 3 enacted 1872. ) ## 1929. Private writings are either: 1. Sealed; or, 2. Unsealed. (Enacted 1872.)
  109. 193.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

    Verify source ↗

    Juries are classified as grand juries, trial juries, or juries of inquest.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 193. Juries are of three kinds: (a) Grand juries established pursuant to Title 4 (commencing with Section 888) of Part 2 of the Penal Code. (b) Trial juries. (c) Juries of inquest. (Repealed and added by Stats. 1988, Ch. 1245, Sec. 2.)
  110. 1930.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 3. Private Writings [1929 - 1952.3] ( Article 3 enacted 1872. )

    Verify source ↗

    A seal is a sign used to attest the execution of an instrument in a formal way.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 3. Private Writings [1929 - 1952.3] ( Article 3 enacted 1872. ) ## 1930. A seal is a particular sign, made to attest, in the most formal manner, the execution of an instrument. (Enacted 1872.)
  111. 1933.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 3. Private Writings [1929 - 1952.3] ( Article 3 enacted 1872. )

    Verify source ↗

    This section defines execution of an instrument as subscribing and delivering it, with or without a seal.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 3. Private Writings [1929 - 1952.3] ( Article 3 enacted 1872. ) ## 1933. The execution of an instrument is the subscribing and delivering it, with or without affixing a seal. (Enacted 1872.)
  112. 1934.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 3. Private Writings [1929 - 1952.3] ( Article 3 enacted 1872. )

    Verify source ↗

    A written agreement to compromise or settle a debt is just as binding even without a seal.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 3. Private Writings [1929 - 1952.3] ( Article 3 enacted 1872. ) ## 1934. An agreement, in writing, without a seal, for the compromise or settlement of a debt, is as obligatory as if a seal were affixed. (Enacted 1872.)
  113. 1935.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 3. Private Writings [1929 - 1952.3] ( Article 3 enacted 1872. )

    Verify source ↗

    A subscribing witness is someone who sees a writing executed or hears it acknowledged and then signs as a witness at the party’s request.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 3. Private Writings [1929 - 1952.3] ( Article 3 enacted 1872. ) ## 1935. A subscribing witness is one who sees a writing executed or hears it acknowledged, and at the request of the party thereupon signs his name as a witness. (Enacted 1872.)
  114. 194.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

    Verify source ↗

    This section defines terms used in the chapter on trial jury selection and management.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 194. The following definitions govern the construction of this chapter: (a) “County” means any county or any coterminous city and county. (b) “Court” means a superior court of this state, and includes, when the context requires, any judge of the court. (c) “Deferred jurors” are those prospective jurors whose request to reschedule their service to a more convenient time is granted by the jury commissioner. (d) “Excused jurors” are those prospective jurors who are excused from service by the jury commissioner for valid reasons based on statute, state or local court rules, and policies. (e) “Juror pool” means the group of prospective qualified jurors appearing for assignment to trial jury panels. (f) “Jury of inquest” is a body of persons summoned from the citizens before the sheriff, coroner, or other ministerial officers, to inquire of particular facts. (g) “Master list” means a list of names randomly selected from the source lists. (h) “Potential juror” means any person whose name appears on a source list. (i) “Prospective juror” means a juror whose name appears on the master list. (j) “Qualified juror” means a person who meets the statutory qualifications for jury service. (k) “Qualified juror list” means a list of qualified jurors. (l) “Random” means that which occurs by mere chance indicating an unplanned sequence of selection where each juror’s name has substantially equal probability of being selected. (m) “Source list” means a list used as a source of potential jurors. (n) “Summons list” means a list of prospective or qualified jurors who are summoned to appear or to be available for jury service. (o) “Trial jurors” are those jurors sworn to try and determine by verdict a question of fact. (p) “Trial jury” means a body of persons selected from the citizens of the area served by the court and sworn to try and determine by verdict a question of fact. (q) “Trial jury panel” means a group of prospective jurors assigned to a courtroom for the purpose of voir dire. (Amended by Stats. 2002, Ch. 784, Sec. 39. Effective January 1, 2003.)
  115. 195.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

    Verify source ↗

    Each county must have one jury commissioner, and that commissioner manages the jury system under court supervision and may set needed policies and procedures.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 195. (a) In each county, there shall be one jury commissioner who shall be appointed by, and serve at the pleasure of, a majority of the judges of the superior court. In any county where there is a superior court administrator or executive officer, that person shall serve as ex officio jury commissioner. In any court jurisdiction where any person other than a court administrator or clerk/administrator is serving as jury commissioner on the effective date of this section, that person shall continue to so serve at the pleasure of a majority of the judges of the appointing court. (b) Any jury commissioner may, whenever the business of court requires, appoint deputy jury commissioners. Salaries and benefits of those deputies shall be fixed in the same manner as salaries and benefits of other court employees. (c) The jury commissioner shall be primarily responsible for managing the jury system under the general supervision of the court in conformance with the purpose and scope of this act. He or she shall have authority to establish policies and procedures necessary to fulfill this responsibility. (Amended by Stats. 2002, Ch. 784, Sec. 40. Effective January 1, 2003.)
  116. 1952.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 3. Private Writings [1929 - 1952.3] ( Article 3 enacted 1872. )

    Verify source ↗

    The clerk must keep certain trial exhibits, depositions, and administrative records until the case is finally resolved or dismissed, unless the court orders their return or later destruction/disposition under specified conditions.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 3. Private Writings [1929 - 1952.3] ( Article 3 enacted 1872. ) ## 1952. (a) The clerk shall retain in his or her custody any exhibit, deposition, or administrative record introduced in the trial of a civil action or proceeding or filed in the action or proceeding until the final determination thereof or the dismissal of the action or proceeding, except that the court may order the exhibit, deposition, or administrative record returned to the respective party or parties at any time upon oral stipulation in open court or by written stipulation by the parties or for good cause shown. (b) No exhibit or deposition shall be ordered destroyed or otherwise disposed of pursuant to this section where a party to the action or proceeding files a written notice with the court requesting the preservation of any exhibit, deposition, or administrative record for a stated time, but not to exceed one year. (c) Upon the conclusion of the trial of a civil action or proceeding at which any exhibit or deposition has been introduced, the court shall order that the exhibit or deposition be destroyed or otherwise disposed of by the clerk. The operative destruction or disposition date shall be 60 days following final determination of the action or proceeding. Final determination includes final determination on appeal. Written notice of the order shall be sent by first-class mail to the parties by the clerk. (d) Upon the conclusion of any posttrial hearing at which any exhibit, deposition, or administrative record has been introduced, the court shall order that the exhibit or deposition be destroyed or otherwise disposed of by the clerk. The operative date of destruction or disposition shall be 60 days following the conclusion of the hearing, or if an appeal is taken, upon final determination of the appeal. Written notice of the order shall be sent by first-class mail to the parties by the clerk. (Amended by Stats. 1991, Ch. 1090, Sec. 7.)
  117. 1952.2.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 3. Private Writings [1929 - 1952.3] ( Article 3 enacted 1872. )

    Verify source ↗

    After a judgment becomes final and the appeal period ends, if no appeal is pending, the court may order the clerk to return trial exhibits, depositions, and administrative records to the attorneys who introduced or filed them.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 3. Private Writings [1929 - 1952.3] ( Article 3 enacted 1872. ) ## 1952.2. Notwithstanding any other provisions of law, upon a judgment becoming final, at the expiration of the appeal period, unless an appeal is pending, the court, in its discretion, and on its own motion by a written order signed by the judge, filed in the action, and an entry thereof made in the register of actions, may order the clerk to return all of the exhibits, depositions, and administrative records introduced or filed in the trial of a civil action or proceeding to the attorneys for the parties introducing or filing the same. (Amended by Stats. 1991, Ch. 1090, Sec. 8.)
  118. 1952.3.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 3. Private Writings [1929 - 1952.3] ( Article 3 enacted 1872. )

    Verify source ↗

    The court may order certain exhibits, depositions, or administrative records destroyed or otherwise disposed of after specified custody periods, but it must honor a party’s timely preservation notice and retain sealed files for at least two years.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 3. Private Writings [1929 - 1952.3] ( Article 3 enacted 1872. ) ## 1952.3. Notwithstanding any other provision of the law, the court, on its own motion, may order the destruction or other disposition of any exhibit, deposition, or administrative record introduced in the trial or posttrial hearing of a civil action or proceeding or filed in the action or proceeding that, if appeal has not been taken from the decision of the court in the action or proceeding, remains in the custody of the court or clerk five years after time for appeal has expired, or, if appeal has been taken, remains in the custody of the court or clerk five years after final determination thereof, or that remains in the custody of the court or clerk for a period of five years after any of the following: (a) A motion for a new trial has been granted and a memorandum to set the case for trial has not been filed, or a motion to set for trial has not been made within five years. (b) The dismissal of the action or proceeding. In addition, the court on its own motion, may order the destruction or other disposition of any exhibit, deposition, or administrative record that remains in the custody of the court or clerk for a period of 10 years after the introduction or filing of the action or proceeding if, in the discretion of the court, the exhibit, deposition, or administrative record should be disposed of or destroyed. The order shall be entered in the register of actions of each case in which the order is made. No exhibit, deposition, or administrative record shall be ordered destroyed or otherwise disposed of pursuant to this section if a party to the action or proceeding files a written notice with the court requesting the preservation of any exhibit, deposition, or administrative record for a stated time, but not to exceed one year. Any sealed file shall be retained for at least two years after the date on which destruction would otherwise be authorized pursuant to this section. (Amended by Stats. 1991, Ch. 1090, Sec. 9.)
  119. 1953.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 4. Records Destroyed in Fire or Calamity [1953 - 1953.06] ( Article 4 added by Stats. 1953, Ch. 52. )

    Verify source ↗

    This section defines “record” broadly for this article.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 4. Records Destroyed in Fire or Calamity [1953 - 1953.06] ( Article 4 added by Stats. 1953, Ch. 52. ) ## 1953. As used in this article “record” includes all or any part of any judgment, decree, order, document, paper, process, or file. (Added by Stats. 1953, Ch. 52.)
  120. 1953.01.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 4. Records Destroyed in Fire or Calamity [1953 - 1953.06] ( Article 4 added by Stats. 1953, Ch. 52. )

    Verify source ↗

    If a record in a civil or criminal case is lost, injured, or destroyed by fire or other public calamity, an interested person may ask the court to let the defect be supplied with a duly certified copy of the original, if one can be obtained.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 4. Records Destroyed in Fire or Calamity [1953 - 1953.06] ( Article 4 added by Stats. 1953, Ch. 52. ) ## 1953.01. Whenever in any action or special proceeding, civil or criminal, in any court of this State any record is lost, injured, or destroyed by reason of conflagration or other public calamity, any person interested therein may apply by a duly verified petition in writing to the court for an order authorizing such defect to be supplied by a duly certified copy of the original, where such copy can be obtained. (Added by Stats. 1953, Ch. 52.)
  121. 1953.02.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 4. Records Destroyed in Fire or Calamity [1953 - 1953.06] ( Article 4 added by Stats. 1953, Ch. 52. )

    Verify source ↗

    If notice is given under Sections 1010 to 1020 and the court is satisfied that a record was lost, injured, or destroyed, the court must order the certified copy to have the same effect as the original.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 4. Records Destroyed in Fire or Calamity [1953 - 1953.06] ( Article 4 added by Stats. 1953, Ch. 52. ) ## 1953.02. Upon notice given pursuant to Sections 1010 to 1020, inclusive, of this code, and its being shown to the satisfaction of the court that the record has been so lost, injured, or destroyed, the court shall make an order that the certified copy shall thereafter have the same effect in all respects as the original would have had. (Added by Stats. 1953, Ch. 52.)
  122. 1953.03.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 4. Records Destroyed in Fire or Calamity [1953 - 1953.06] ( Article 4 added by Stats. 1953, Ch. 52. )

    Verify source ↗

    If a record is lost, injured, or destroyed by fire or another public calamity and a certified copy cannot be obtained, an interested person may apply in writing to the court with an affidavit and required showing; the court must then give notice of the application.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 4. Records Destroyed in Fire or Calamity [1953 - 1953.06] ( Article 4 added by Stats. 1953, Ch. 52. ) ## 1953.03. Whenever in any action or special proceeding, civil or criminal, in any court of this State any record is lost, injured, or destroyed by reason of conflagration or other public calamity, and a certified copy of the original cannot be supplied, any person interested therein may make written application to the court, verified by affidavit, showing such loss, injury, or destruction, and that a certified copy of the record cannot be obtained by the person making the application, and that such loss, injury, or destruction occurred by conflagration, or other calamity, without the fault or neglect of the person making the application, and that such loss, injury, or destruction, unless supplied or remedied may result in damage to the person making the application. Thereupon the court shall cause notice of the application to be given pursuant to Sections 1010 to 1020, inclusive, of this code. (Added by Stats. 1953, Ch. 52.)
  123. 1953.04.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 4. Records Destroyed in Fire or Calamity [1953 - 1953.06] ( Article 4 added by Stats. 1953, Ch. 52. )

    Verify source ↗

    If the court is satisfied that the written application is true, it must issue an order reciting the substance and effect of the lost, injured, or destroyed record.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 4. Records Destroyed in Fire or Calamity [1953 - 1953.06] ( Article 4 added by Stats. 1953, Ch. 52. ) ## 1953.04. Upon the hearing if the court is satisfied that the statements contained in the written application are true, it shall make an order reciting the substance and effect of the lost, injured, or destroyed record. The order shall have the same effect that the original would have had if it had not been lost, injured, or destroyed, so far as concerns the person making the application, and the persons who have been notified, pursuant to Section 1953.03. (Added by Stats. 1953, Ch. 52.)
  124. 1953.05.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 4. Records Destroyed in Fire or Calamity [1953 - 1953.06] ( Article 4 added by Stats. 1953, Ch. 52. )

    Verify source ↗

    In an in rem proceeding, including probate, guardianship, conservatorship, and insolvency proceedings, the record may be supplied after notice to people who appeared and after at least 10 days of notice by publication or posting to people who did not appear.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 4. Records Destroyed in Fire or Calamity [1953 - 1953.06] ( Article 4 added by Stats. 1953, Ch. 52. ) ## 1953.05. The record in all cases where the proceeding is in rem, including probate, guardianship, conservatorship, and insolvency proceedings, may be supplied in like manner upon like notice to all persons who have appeared therein, and upon notice by publication or postings for not less than 10 days, as the court may order, to all persons who have not appeared. When restored the record shall have the same effect as the original upon all persons who have been personally served with notice of the application, and as to all other persons it shall be prima facie evidence of the contents of the original. (Amended by Stats. 1979, Ch. 730.)
  125. 1953.06.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 4. Records Destroyed in Fire or Calamity [1953 - 1953.06] ( Article 4 added by Stats. 1953, Ch. 52. )

    Verify source ↗

    If an appealed case record is lost or destroyed by calamity after a transcript has been filed in the reviewing court, an interested person may get a certified copy from that court and file it in the trial court.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 4. Records Destroyed in Fire or Calamity [1953 - 1953.06] ( Article 4 added by Stats. 1953, Ch. 52. ) ## 1953.06. If an appeal to a reviewing court has been taken in any action or special proceeding in any trial court in which the record has been subsequently lost or destroyed by conflagration or other public calamity and a transcript of such record has been filed in the reviewing court, any person interested in the action or special proceeding may obtain a certified copy of all or any portion of the transcript from the clerk of the reviewing court and may file such certified copy in the office of the clerk of the court from which the appeal was taken. Thereupon the certified copy may be made the basis of any further proceedings or processes in the trial court in such action or special proceeding to all intents and purposes as if the original record were on file. (Amended by Stats. 1967, Ch. 17.)
  126. 1953.10.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 4.5. Private Records Destroyed in Disaster or Calamity [1953.10 - 1953.13] ( Article 4.5 added by Stats. 1961, Ch. 1311. )

    Verify source ↗

    Certain people or businesses may file a verified petition in court to seek an order confirming the existence or authenticity of damaged, illegible, destroyed, or lost records or writings.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 4.5. Private Records Destroyed in Disaster or Calamity [1953.10 - 1953.13] ( Article 4.5 added by Stats. 1961, Ch. 1311. ) ## 1953.10. Any person, corporation, copartnership, organization, institution, business, member of profession or calling interested in establishing the existence, substance, genuineness, or authenticity of any memorandum, book, map, chart, manuscript, writing, account, entry, record, print, document, representation, or combination thereof that has been damaged, rendered wholly or partially illegible, destroyed in whole or in part or lost by explosion, conflagration, earthquake, disaster or other public calamity, may apply by duly verified petition to the court for an order establishing, reciting, or declaring the existence, substance, genuineness or authenticity of the same. (Added by Stats. 1961, Ch. 1311.)
  127. 1953.11.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 4.5. Private Records Destroyed in Disaster or Calamity [1953.10 - 1953.13] ( Article 4.5 added by Stats. 1961, Ch. 1311. )

    Verify source ↗

    The court must choose who gets notice of the petition and hearing, decide how the notice will be given, and the hearing must include proof that notice was given as ordered.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 4.5. Private Records Destroyed in Disaster or Calamity [1953.10 - 1953.13] ( Article 4.5 added by Stats. 1961, Ch. 1311. ) ## 1953.11. Notice of the filing of the petition and of the time and place of the hearing thereof shall be given to such persons, if any, as the court shall designate by its order. Such order shall specify how such notice shall be given and may be by publication, posting, personal service or otherwise as the court shall direct. Upon the hearing of the petition proof shall be submitted to the court that notice has been given as prescribed in such order. (Added by Stats. 1961, Ch. 1311.)
  128. 1953.12.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 4.5. Private Records Destroyed in Disaster or Calamity [1953.10 - 1953.13] ( Article 4.5 added by Stats. 1961, Ch. 1311. )

    Verify source ↗

    At the hearing, the court must receive needed evidence and, if satisfied the petition is true, make an order reciting the existence, substance, genuineness, or authenticity of the destroyed or lost record.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 4.5. Private Records Destroyed in Disaster or Calamity [1953.10 - 1953.13] ( Article 4.5 added by Stats. 1961, Ch. 1311. ) ## 1953.12. Upon the hearing the court shall receive such evidence as may be required and if the court is satisfied that the statements contained in the petition are true, it shall make an order reciting the existence, substance, genuineness or authenticity of the destroyed or lost memorandum, book, map, chart, manuscript, writing, account, entry, print, document, representation or combination thereof. (Added by Stats. 1961, Ch. 1311.)
  129. 1953.13.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 4.5. Private Records Destroyed in Disaster or Calamity [1953.10 - 1953.13] ( Article 4.5 added by Stats. 1961, Ch. 1311. )

    Verify source ↗

    A court order made after the hearing must refer to the listed record or writing, stand in place of the original, and have the same effect as the original.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 3. Writings [1895 - 1953.13] ( Chapter 3 enacted 1872. ) ## ARTICLE 4.5. Private Records Destroyed in Disaster or Calamity [1953.10 - 1953.13] ( Article 4.5 added by Stats. 1961, Ch. 1311. ) ## 1953.13. The order of court made upon such hearing shall refer to the memorandum, book, map, chart, manuscript, writing, account, entry, record, print, document, representation or combination thereof which is the subject of said petition and such court order shall be deemed in lieu of the original and have the same effect as if the original had not been damaged, destroyed or otherwise rendered wholly or partially illegible. (Added by Stats. 1961, Ch. 1311.)
  130. 196.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

    Verify source ↗

    The jury commissioner or the court must inquire into juror qualifications and may require answers under oath; the commissioner and assistants may administer oaths.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 196. (a) The jury commissioner or the court shall inquire as to the qualifications of persons on the master list or source list who are or may be summoned for jury service. The commissioner or the court may require any person to answer, under oath, orally or in written form, all questions as may be addressed to that person, regarding the person’s qualifications and ability to serve as a prospective trial juror. The commissioner and his or her assistants shall have power to administer oaths and shall be allowed actual traveling expenses incurred in the performance of their duties. (b) Response to the jury commissioner or the court concerning an inquiry or summons may be made by any person having knowledge that the prospective juror is unable to respond to such inquiry or summons. (c) Any person who fails to respond to jury commissioner or court inquiry as instructed, may be summoned to appear before the jury commissioner or the court to answer the inquiry, or may be deemed to be qualified for jury service in the absence of a response to the inquiry. Any information thus acquired by the court or jury commissioner shall be noted in jury commissioner or court records. (Amended by Stats. 2003, Ch. 149, Sec. 6. Effective January 1, 2004.)
  131. 197.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

    Verify source ↗

    This section requires jury service lists to be chosen at random from representative sources, and limits disclosure of DMV-provided information.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 197. (a) All persons selected for jury service shall be selected at random, from a source or sources inclusive of a representative cross section of the population of the area served by the court. Sources may include, in addition to other lists, customer mailing lists, telephone directories, or utility company lists. (b) (1) The list of registered voters and the Department of Motor Vehicles’ list of licensed drivers and identification cardholders resident within the area served by the court, are appropriate source lists for selection of jurors. Until January 1, 2022, only these two source lists, when substantially purged of duplicate names, shall be considered inclusive of a representative cross section of the population, within the meaning of subdivision (a). (2) The list of resident state tax filers is an appropriate source list for selection of jurors. Beginning on January 1, 2022, the list of resident state tax filers, the list of registered voters, and the Department of Motor Vehicles’ list of licensed drivers and identification cardholders resident within the area served by the court, when substantially purged of duplicate names, shall be considered inclusive of a representative cross section of the population, within the meaning of subdivision (a). (c) The Department of Motor Vehicles shall furnish the jury commissioner of each county with the current list of the names, addresses, and other identifying information of persons residing in the county who are age 18 years or older and who are holders of a current driver’s license or identification card issued pursuant to Article 3 (commencing with Section 12800) of, or Article 5 (commencing with Section 13000) of, Chapter 1 of Division 6 of the Vehicle Code. The conditions under which these lists shall be compiled semiannually shall be determined by the director, consistent with any rules which may be adopted by the Judicial Council. This service shall be provided by the Department of Motor Vehicles pursuant to Section 1812 of the Vehicle Code. The jury commissioner shall not disclose the information furnished by the Department of Motor Vehicles pursuant to this section to any person, organization, or agency. (d) (1) The Franchise Tax Board shall annually furnish the jury commissioner of each county with a list of resident state tax filers for their county in consultation with the Judicial Council. (2) The list of resident state tax filers shall be submitted to the jury commissioner of each county by November 1, 2021, and each November 1 thereafter. (3) (A) For purposes of this section, “list of resident state tax filers” means a list that includes the name, date of birth, principal residence address, and county of principal residence, of persons who are 18 years of age or older and have filed a California resident income tax return for the preceding taxable year. (B) For purposes of this paragraph, “county of principal residence” means the county in which the taxpayer has their principal residence on the date that the taxpayer filed their California resident income tax return. (C) For the purposes of this paragraph, “principal residence” is used in the same manner it is used in Section 121 of the Internal Revenue Code. (Amended by Stats. 2020, Ch. 230, Sec. 1. (SB 592) Effective January 1, 2021.)
  132. 1971.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 6. Indispensable Evidence [1971 - 1974] ( Chapter 6 enacted 1872. )

    Verify source ↗

    An estate or interest in real property generally must be created, granted, assigned, surrendered, or declared by law or by a written instrument signed by the party or that party’s authorized agent.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 6. Indispensable Evidence [1971 - 1974] ( Chapter 6 enacted 1872. ) ## 1971. No estate or interest in real property, other than for leases for a term not exceeding one year, nor any power over or concerning it, or in any manner relating thereto, can be created, granted, assigned, surrendered, or declared, otherwise than by operation of law, or a conveyance or other instrument in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by the party’s lawful agent thereunto authorized by writing. (Amended by Stats. 1986, Ch. 820, Sec. 19. Operative July 1, 1987, by Sec. 43 of Ch. 820.)
  133. 1972.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 6. Indispensable Evidence [1971 - 1974] ( Chapter 6 enacted 1872. )

    Verify source ↗

    This section says Section 1971 does not limit a court’s power to order specific performance when there has been part performance of an agreement.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 6. Indispensable Evidence [1971 - 1974] ( Chapter 6 enacted 1872. ) ## 1972. (a) Section 1971 shall not be construed to abridge the power of any court to compel the specific performance of an agreement, in case of part performance thereof. (b) Section 1971 does not affect the creation of a trust under Division 9 (commencing with Section 15000) of the Probate Code nor prevent any trust from arising or being extinguished by implication or operation of law. (Amended by Stats. 1986, Ch. 820, Sec. 20. Operative July 1, 1987, by Sec. 43 of Ch. 820.)
  134. 1974.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 6. Indispensable Evidence [1971 - 1974] ( Chapter 6 enacted 1872. )

    Verify source ↗

    Evidence cannot be used to charge someone based on a statement about another person's credit unless the statement, or a memorandum of it, is in writing and signed or written by the party to be charged.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 2. OF THE KINDS AND DEGREES OF EVIDENCE [1878 - 1974] ( Title 2 enacted 1872. ) ## CHAPTER 6. Indispensable Evidence [1971 - 1974] ( Chapter 6 enacted 1872. ) ## 1974. No evidence is admissible to charge a person upon a representation as to the credit of a third person, unless such representation, or some memorandum thereof, be in writing, and either subscribed by or in the handwriting of the party to be charged. This section is a Statute of Frauds provision and is to be applied in a manner that is consistent with the manner in which subdivision 2 of Section 1624 of the Civil Code is applied. (Amended by Stats. 1970, Ch. 720.)
  135. 198.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

    Verify source ↗

    The jury commissioner must randomly select prospective trial jurors from the source lists at least once every 12 months and use the master jury list for questionnaires and juror summonses.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 198. (a) Random selection shall be utilized in creating master and qualified juror lists, commencing with selection from source lists, and continuing through selection of prospective jurors for voir dire. (b) The jury commissioner shall, at least once in each 12-month period, randomly select names of prospective trial jurors from the source list or lists, to create a master list. (c) The master jury list shall be used by the jury commissioner, as provided by statute and state and local court rules, for the purpose of (1) mailing juror questionnaires and subsequent creation of a qualified juror list, and (2) summoning prospective jurors to respond or appear for qualification and service. (Repealed and added by Stats. 1988, Ch. 1245, Sec. 2.)
  136. 198.5.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

    Verify source ↗

    If superior court sessions are held outside the county seat, the court may order a countywide venire in the interest of justice.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 198.5. If sessions of the superior court are held in a location other than the county seat, the names for master jury lists and qualified jury lists to serve in a session may be selected from the area in which the session is held, pursuant to a local superior court rule that divides the county in a manner that provides all qualified persons in the county an equal opportunity to be considered for jury service. Nothing in this section precludes the court, in its discretion, from ordering a countywide venire in the interest of justice. (Amended (as amended by Stats. 2002, Ch. 784) by Stats. 2003, Ch. 449, Sec. 6. Effective January 1, 2004.)
  137. 1985.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. )

    Verify source ↗

    This section defines a subpoena and says when clerks, judges, parties, and attorney-of-records may issue one, and how a witness may comply in a microfilm-record case.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. ) ## 1985. (a) The process by which the attendance of a witness is required is the subpoena. It is a writ or order directed to a person and requiring the person’s attendance at a particular time and place to testify as a witness. It may also require a witness to bring any books, documents, electronically stored information, or other things under the witness’s control which the witness is bound by law to produce in evidence. When a county recorder is using the microfilm system for recording, and a witness is subpoenaed to present a record, the witness shall be deemed to have complied with the subpoena if the witness produces a certified copy thereof. (b) A copy of an affidavit shall be served with a subpoena duces tecum issued before trial, showing good cause for the production of the matters and things described in the subpoena, specifying the exact matters or things desired to be produced, setting forth in full detail the materiality thereof to the issues involved in the case, and stating that the witness has the desired matters or things in his or her possession or under his or her control. (c) The clerk, or a judge, shall issue a subpoena or subpoena duces tecum signed and sealed but otherwise in blank to a party requesting it, who shall fill it in before service. An attorney at law who is the attorney of record in an action or proceeding, may sign and issue a subpoena to require attendance before the court in which the action or proceeding is pending or at the trial of an issue therein, or upon the taking of a deposition in an action or proceeding pending therein; the subpoena in such a case need not be sealed. An attorney at law who is the attorney of record in an action or proceeding, may sign and issue a subpoena duces tecum to require production of the matters or things described in the subpoena. (Amended by Stats. 2012, Ch. 72, Sec. 1. (SB 1574) Effective January 1, 2013.)
  138. 1985.1.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. )

    Verify source ↗

    A subpoenaed person may agree to appear at a different time or on agreed notice instead of the original subpoena time.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. ) ## 1985.1. Any person who is subpoenaed to appear at a session of court, or at the trial of an issue therein, may, in lieu of appearance at the time specified in the subpoena, agree with the party at whose request the subpoena was issued to appear at another time or upon such notice as may be agreed upon. Any failure to appear pursuant to such agreement may be punished as a contempt by the court issuing the subpoena. The facts establishing or disproving such agreement and the failure to appear may be proved by an affidavit of any person having personal knowledge of the facts. (Added by Stats. 1969, Ch. 140.)
  139. 1985.2.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. )

    Verify source ↗

    A subpoena for a civil trial witness must include a notice, and the notice must be printed in a way that draws attention to it.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. ) ## 1985.2. Any subpoena which requires the attendance of a witness at any civil trial shall contain the following notice in a type face designed to call attention to the notice: Contact the attorney requesting this subpoena, listed above, before the date on which you are required to be in court, if you have any question about the time or date for you to appear, or if you want to be certain that your presence in court is required. (Added by Stats. 1978, Ch. 431.)
  140. 1985.3.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. )

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    This section sets notice, timing, and objection rules for subpoenas seeking a consumer’s personal records.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. ) ## 1985.3. (a) For purposes of this section, the following definitions apply: (1) “Personal records” means the original, any copy of books, documents, other writings, or electronically stored information pertaining to a consumer and which are maintained by any “witness” which is a physician, dentist, ophthalmologist, optometrist, chiropractor, physical therapist, acupuncturist, podiatrist, veterinarian, veterinary hospital, veterinary clinic, pharmacist, pharmacy, hospital, medical center, clinic, radiology or MRI center, clinical or diagnostic laboratory, state or national bank, state or federal association (as defined in Section 5102 of the Financial Code), state or federal credit union, trust company, anyone authorized by this state to make or arrange loans that are secured by real property, security brokerage firm, insurance company, title insurance company, underwritten title company, escrow agent licensed pursuant to Division 6 (commencing with Section 17000) of the Financial Code or exempt from licensure pursuant to Section 17006 of the Financial Code, attorney, accountant, institution of the Farm Credit System, as specified in Section 2002 of Title 12 of the United States Code, or telephone corporation which is a public utility, as defined in Section 216 of the Public Utilities Code, or psychotherapist, as defined in Section 1010 of the Evidence Code, or a private or public preschool, elementary school, secondary school, or postsecondary school as described in Section 76244 of the Education Code. (2) “Consumer” means any individual, partnership of five or fewer persons, association, or trust which has transacted business with, or has used the services of, the witness or for whom the witness has acted as agent or fiduciary. (3) “Subpoenaing party” means the person or persons causing a subpoena duces tecum to be issued or served in connection with any civil action or proceeding pursuant to this code, but shall not include the state or local agencies described in Section 7465 of the Government Code, or any entity provided for under Article VI of the California Constitution in any proceeding maintained before an adjudicative body of that entity pursuant to Chapter 4 (commencing with Section 6000) of Division 3 of the Business and Professions Code. (4) “Deposition officer” means a person who meets the qualifications specified in Section 2020.420. (b) Prior to the date called for in the subpoena duces tecum for the production of personal records, the subpoenaing party shall serve or cause to be served on the consumer whose records are being sought a copy of the subpoena duces tecum, of the affidavit supporting the issuance of the subpoena, if any, and of the notice described in subdivision (e), and proof of service as indicated in paragraph (1) of subdivision (c). This service shall be made as follows: (1) To the consumer personally, or at his or her last known address, or in accordance with Chapter 5 (commencing with Section 1010) of Title 14 of Part 3, or, if he or she is a party, to his or her attorney of record. If the consumer is a minor, service shall be made on the minor’s parent, guardian, conservator, or similar fiduciary, or if one of them cannot be located with reasonable diligence, then service shall be made on any person having the care or control of the minor or with whom the minor resides or by whom the minor is employed, and on the minor if the minor is at least 12 years of age. (2) Not less than 10 days prior to the date for production specified in the subpoena duces tecum, plus the additional time provided by Section 1013 if service is by mail. (3) At least five days prior to service upon the custodian of the records, plus the additional time provided by Section 1013 if service is by mail. (c) Prior to the production of the records, the subpoenaing party shall do either of the following: (1) Serve or cause to be served upon the witness a proof of personal service or of service by mail attesting to compliance with subdivision (b). (2) Furnish the witness a written authorization to release the records signed by the consumer or by his or her attorney of record. The witness may presume that any attorney purporting to sign the authorization on behalf of the consumer acted with the consent of the consumer, and that any objection to release of records is waived. (d) A subpoena duces tecum for the production of personal records shall be served in sufficient time to allow the witness a reasonable time, as provided in Section 2020.410, to locate and produce the records or copies thereof. (e) Every copy of the subpoena duces tecum and affidavit, if any, served on a consumer or his or her attorney in accordance with subdivision (b) shall be accompanied by a notice, in a typeface designed to call attention to the notice, indicating that (1) records about the consumer are being sought from the witness named on the subpoena; (2) if the consumer objects to the witness furnishing the records to the party seeking the records, the consumer must file papers with the court or serve a written objection as provided in subdivision (g) prior to the date specified for production on the subpoena; and (3) if the party who is seeking the records will not agree in writing to cancel or limit the subpoena, an attorney should be consulted about the consumer’s interest in protecting his or her rights of privacy. If a notice of taking of deposition is also served, that other notice may be set forth in a single document with the notice required by this subdivision. (f) A subpoena duces tecum for personal records maintained by a telephone corporation which is a public utility, as defined in Section 216 of the Public Utilities Code, shall not be valid or effective unless it includes a consent to release, signed by the consumer whose records are requested, as required by Section 2891 of the Public Utilities Code. (g) Any consumer whose personal records are sought by a subpoena duces tecum and who is a party to the civil action in which this subpoena duces tecum is served may, prior to the date for production, bring a motion under Section 1987.1 to quash or modify the subpoena duces tecum. Notice of the bringing of that motion shall be given to the witness and deposition officer at least five days prior to production. The failure to provide notice to the deposition officer shall not invalidate the motion to quash or modify the subpoena duces tecum but may be raised by the deposition officer as an affirmative defense in any action for liability for improper release of records. Any other consumer or nonparty whose personal records are sought by a subpoena duces tecum may, prior to the date of production, serve on the subpoenaing party, the witness, and the deposition officer, a written objection that cites the specific grounds on which production of the personal records should be prohibited. No witness or deposition officer shall be required to produce personal records after receipt of notice that the motion has been brought by a consumer, or after receipt of a written objection from a nonparty consumer, except upon order of the court in which the action is pending or by agreement of the parties, witnesses, and consumers affected. The party requesting a consumer’s personal records may bring a motion under Section 1987.1 to enforce the subpoena within 20 days of service of the written objection. The motion shall be accompanied by a declaration showing a reasonable and good faith attempt at informal resolution of the dispute between the party requesting the personal records and the consumer or the consumer’s attorney. (h) Upon good cause shown and provided that the rights of witnesses and consumers are preserved, a subpoenaing party shall be entitled to obtain an order shortening the time for service of a subpoena duces tecum or waiving the requirements of subdivision (b) where due diligence by the subpoenaing party has been shown. (i) Nothing contained in this section shall be construed to apply to any subpoena duces tecum which does not request the records of any particular consumer or consumers and which requires a custodian of records to delete all information which would in any way identify any consumer whose records are to be produced. (j) This section shall not apply to proceedings conducted under Division 1 (commencing with Section 50), Division 4 (commencing with Section 3200), Division 4.5 (commencing with Section 6100), or Division 4.7 (commencing with Section 6200), of the Labor Code. (k) Failure to comply with this section shall be sufficient basis for the witness to refuse to produce the personal records sought by a subpoena duces tecum. (l) If the subpoenaing party is the consumer, and the consumer is the only subject of the subpoenaed records, notice to the consumer, and delivery of the other documents specified in subdivision (b) to the consumer, is not required under this section. (Amended by Stats. 2012, Ch. 72, Sec. 2. (SB 1574) Effective January 1, 2013.)
  141. 1985.4.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. )

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    Section 1985.3 procedures apply to certain subpoenas duces tecum for specified public-agency records containing personal information, except personnel records.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. ) ## 1985.4. The procedures set forth in Section 1985.3 are applicable to a subpoena duces tecum for records containing “personal information,” as defined in Section 1798.3 of the Civil Code that are otherwise exempt from public disclosure under a provision listed in Section 7920.505 of the Government Code that are maintained by a state or local agency as defined in Section 7920.510 or 7920.540 of the Government Code. For the purposes of this section, “witness” means a state or local agency as defined in Section 7920.510 or 7920.540 of the Government Code and “consumer” means any employee of any state or local agency as defined in Section 7920.510 or 7920.540 of the Government Code, or any other natural person. Nothing in this section shall pertain to personnel records as defined in Section 832.8 of the Penal Code. (Amended by Stats. 2021, Ch. 615, Sec. 57. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  142. 1985.5.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. )

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    If a subpoena requires a witness to appear before an officer or commissioner outside court, the witness must also be required to attend a court session if the witness refuses to be sworn, answer, or sign an affidavit or deposition when required.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. ) ## 1985.5. If a subpena requires the attendance of a witness before an officer or commissioner out of court, it shall, for a refusal to be sworn, or to answer as a witness, or to subscribe an affidavit or deposition when required, also require the witness to attend a session of the court issuing the subpena at a time and place thereof to be fixed by said officer or commissioner. (Added by Stats. 1941, Ch. 405.)
  143. 1985.6.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. )

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    This section requires special notice and timing steps before subpoenaing employment records, and lets employees object or move to quash or modify the subpoena.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. ) ## 1985.6. (a) For purposes of this section, the following terms have the following meanings: (1) “Deposition officer” means a person who meets the qualifications specified in Section 2020.420. (2) “Employee” means any individual who is or has been employed by a witness subject to a subpoena duces tecum. “Employee” also means any individual who is or has been represented by a labor organization that is a witness subject to a subpoena duces tecum. (3) “Employment records” means the original or any copy of books, documents, other writings, or electronically stored information pertaining to the employment of any employee maintained by the current or former employer of the employee, or by any labor organization that has represented or currently represents the employee. (4) “Labor organization” has the meaning set forth in Section 1117 of the Labor Code. (5) “Subpoenaing party” means the person or persons causing a subpoena duces tecum to be issued or served in connection with any civil action or proceeding, but does not include the state or local agencies described in Section 7465 of the Government Code, or any entity provided for under Article VI of the California Constitution in any proceeding maintained before an adjudicative body of that entity pursuant to Chapter 4 (commencing with Section 6000) of Division 3 of the Business and Professions Code. (b) Prior to the date called for in the subpoena duces tecum of the production of employment records, the subpoenaing party shall serve or cause to be served on the employee whose records are being sought a copy of: the subpoena duces tecum; the affidavit supporting the issuance of the subpoena, if any; the notice described in subdivision (e); and proof of service as provided in paragraph (1) of subdivision (c). This service shall be made as follows: (1) To the employee personally, or at his or her last known address, or in accordance with Chapter 5 (commencing with Section 1010) of Title 14 of Part 2, or, if he or she is a party, to his or her attorney of record. If the employee is a minor, service shall be made on the minor’s parent, guardian, conservator, or similar fiduciary, or if one of them cannot be located with reasonable diligence, then service shall be made on any person having the care or control of the minor, or with whom the minor resides, and on the minor if the minor is at least 12 years of age. (2) Not less than 10 days prior to the date for production specified in the subpoena duces tecum, plus the additional time provided by Section 1013 if service is by mail. (3) At least five days prior to service upon the custodian of the employment records, plus the additional time provided by Section 1013 if service is by mail. (c) Prior to the production of the records, the subpoenaing party shall either: (1) Serve or cause to be served upon the witness a proof of personal service or of service by mail attesting to compliance with subdivision (b). (2) Furnish the witness a written authorization to release the records signed by the employee or by his or her attorney of record. The witness may presume that the attorney purporting to sign the authorization on behalf of the employee acted with the consent of the employee, and that any objection to the release of records is waived. (d) A subpoena duces tecum for the production of employment records shall be served in sufficient time to allow the witness a reasonable time, as provided in Section 2020.410, to locate and produce the records or copies thereof. (e) Every copy of the subpoena duces tecum and affidavit served on an employee or his or her attorney in accordance with subdivision (b) shall be accompanied by a notice, in a typeface designed to call attention to the notice, indicating that (1) employment records about the employee are being sought from the witness named on the subpoena; (2) the employment records may be protected by a right of privacy; (3) if the employee objects to the witness furnishing the records to the party seeking the records, the employee shall file papers with the court prior to the date specified for production on the subpoena; and (4) if the subpoenaing party does not agree in writing to cancel or limit the subpoena, an attorney should be consulted about the employee’s interest in protecting his or her rights of privacy. If a notice of taking of deposition is also served, that other notice may be set forth in a single document with the notice required by this subdivision. (f) (1) Any employee whose employment records are sought by a subpoena duces tecum may, prior to the date for production, bring a motion under Section 1987.1 to quash or modify the subpoena duces tecum. Notice of the bringing of that motion shall be given to the witness and the deposition officer at least five days prior to production. The failure to provide notice to the deposition officer does not invalidate the motion to quash or modify the subpoena duces tecum but may be raised by the deposition officer as an affirmative defense in any action for liability for improper release of records. (2) Any nonparty employee whose employment records are sought by a subpoena duces tecum may, prior to the date of production, serve on the subpoenaing party, the deposition officer, and the witness a written objection that cites the specific grounds on which production of the employment records should be prohibited. (3) No witness or deposition officer shall be required to produce employment records after receipt of notice that the motion has been brought by an employee, or after receipt of a written objection from a nonparty employee, except upon order of the court in which the action is pending or by agreement of the parties, witnesses, and employees affected. (4) The party requesting an employee’s employment records may bring a motion under subdivision (c) of Section 1987 to enforce the subpoena within 20 days of service of the written objection. The motion shall be accompanied by a declaration showing a reasonable and good faith attempt at informal resolution of the dispute between the party requesting the employment records and the employee or the employee’s attorney. (g) Upon good cause shown and provided that the rights of witnesses and employees are preserved, a subpoenaing party shall be entitled to obtain an order shortening the time for service of a subpoena duces tecum or waiving the requirements of subdivision (b) if due diligence by the subpoenaing party has been shown. (h) This section may not be construed to apply to any subpoena duces tecum that does not request the records of any particular employee or employees and that requires a custodian of records to delete all information that would in any way identify any employee whose records are to be produced. (i) This section does not apply to proceedings conducted under Division 1 (commencing with Section 50), Division 4 (commencing with Section 3200), Division 4.5 (commencing with Section 6100), or Division 4.7 (commencing with Section 6200), of the Labor Code. (j) Failure to comply with this section shall be sufficient basis for the witness to refuse to produce the employment records sought by subpoena duces tecum. (k) If the subpoenaing party is the employee, and the employee is the only subject of the subpoenaed records, notice to the employee, and delivery of the other documents specified in subdivision (b) to the employee, are not required under this section. (Amended by Stats. 2012, Ch. 72, Sec. 3. (SB 1574) Effective January 1, 2013.)
  144. 1985.7.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. )

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    If a medical provider does not comply with Evidence Code section 1158, the demanding party may ask the court for an order to show cause, and the court generally must impose monetary sanctions.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. ) ## 1985.7. When a medical provider fails to comply with Section 1158 of the Evidence Code, in addition to any other available remedy, the demanding party may apply to the court for an order to show cause why the records should not be produced. Any order to show cause issued pursuant to this section shall be served upon respondent in the same manner as a summons. It shall be returnable no sooner than 20 days after issuance unless ordered otherwise upon a showing of substantial hardship. The court shall impose monetary sanctions pursuant to Section 1158 of the Evidence Code unless it finds that the person subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Added by Stats. 1996, Ch. 1159, Sec. 12. Effective January 1, 1997.)
  145. 1985.8.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. )

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    This section governs subpoenas for electronically stored information in civil cases, including how the information may be requested, produced, objected to, and protected from undue burden.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. ) ## 1985.8. (a) (1) A subpoena in a civil proceeding may require that electronically stored information, as defined in Section 2016.020, be produced and that the party serving the subpoena, or someone acting on the party’s request, be permitted to inspect, copy, test, or sample the information. (2) Any subpoena seeking electronically stored information shall comply with the requirements of this chapter. (b) A party serving a subpoena requiring production of electronically stored information may specify the form or forms in which each type of information is to be produced. (c) If a person responding to a subpoena for production of electronically stored information objects to the specified form or forms for producing the information, the subpoenaed person may provide an objection stating the form or forms in which it intends to produce each type of information. (d) Unless the subpoenaing party and the subpoenaed person otherwise agree or the court otherwise orders, the following shall apply: (1) If a subpoena requiring production of electronically stored information does not specify a form or forms for producing a type of electronically stored information, the person subpoenaed shall produce the information in the form or forms in which it is ordinarily maintained or in a form that is reasonably usable. (2) A subpoenaed person need not produce the same electronically stored information in more than one form. (e) The subpoenaed person opposing the production, inspection, copying, testing, or sampling of electronically stored information on the basis that information is from a source that is not reasonably accessible because of undue burden or expense shall bear the burden of demonstrating that the information is from a source that is not reasonably accessible because of undue burden or expense. (f) If the person from whom discovery of electronically stored information is subpoenaed establishes that the information is from a source that is not reasonably accessible because of undue burden or expense, the court may nonetheless order discovery if the subpoenaing party shows good cause, subject to any limitations imposed under subdivision (i). (g) If the court finds good cause for the production of electronically stored information from a source that is not reasonably accessible, the court may set conditions for the discovery of the electronically stored information, including allocation of the expense of discovery. (h) If necessary, the subpoenaed person, at the reasonable expense of the subpoenaing party, shall, through detection devices, translate any data compilations included in the subpoena into a reasonably usable form. (i) The court shall limit the frequency or extent of discovery of electronically stored information, even from a source that is reasonably accessible, if the court determines that any of the following conditions exists: (1) It is possible to obtain the information from some other source that is more convenient, less burdensome, or less expensive. (2) The discovery sought is unreasonably cumulative or duplicative. (3) The party seeking discovery has had ample opportunity by discovery in the action to obtain the information sought. (4) The likely burden or expense of the proposed discovery outweighs the likely benefit, taking into account the amount in controversy, the resources of the parties, the importance of the issues in the litigation, and the importance of the requested discovery in resolving the issues. (j) If a subpoenaed person notifies the subpoenaing party that electronically stored information produced pursuant to a subpoena is subject to a claim of privilege or of protection as attorney work product, as described in Section 2031.285, the provisions of Section 2031.285 shall apply. (k) A party serving a subpoena requiring the production of electronically stored information shall take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. (l) An order of the court requiring compliance with a subpoena issued under this section shall protect a person who is neither a party nor a party’s officer from undue burden or expense resulting from compliance. (m) (1) Absent exceptional circumstances, the court shall not impose sanctions on a subpoenaed person or any attorney of a subpoenaed person for failure to provide electronically stored information that has been lost, damaged, altered, or overwritten as the result of the routine, good faith operation of an electronic information system. (2) This subdivision shall not be construed to alter any obligation to preserve discoverable information. (Amended by Stats. 2012, Ch. 72, Sec. 4. (SB 1574) Effective January 1, 2013.)
  146. 1986.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. )

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    This section says where a subpoena can be obtained, depending on what kind of attendance it requires.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. ) ## 1986. A subpoena is obtainable as follows: (a) To require attendance before a court, or at the trial of an issue therein, or upon the taking of a deposition in an action or proceeding pending therein, it is obtainable from the clerk of the court in which the action or proceeding is pending. (b) To require attendance before a commissioner appointed to take testimony by a court of a foreign country, or of the United States, or of any other state in the United States, or before any officer or officers empowered by the laws of the United States to take testimony, it may be obtained from the clerk of the superior court of the county in which the witness is to be examined. (c) To require attendance out of court, in cases not provided for in subdivision (a), before a judge, justice, or other officer authorized to administer oaths or take testimony in any matter under the laws of this state, it is obtainable from the judge, justice, or other officer before whom the attendance is required. If the subpoena is to require attendance before a court, or at the trial of an issue therein, it is obtainable from the clerk, as of course, upon the application of the party desiring it. If it is obtained to require attendance before a commissioner or other officer upon the taking of a deposition, it must be obtained, as of course, from the clerk of the superior court of the county wherein the attendance is required upon the application of the party requiring it. (Amended by Stats. 2007, Ch. 263, Sec. 14. Effective January 1, 2008.)
  147. 1986.1.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. )

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    This section limits subpoenas involving journalists by requiring advance notice and specific explanations, with narrow emergency exceptions.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. ) ## 1986.1. (a) No testimony or other evidence given by a journalist under subpoena in a civil or criminal proceeding may be construed as a waiver of the immunity rights provided by subdivision (b) of Section 2 of Article I of the California Constitution. (b) (1) Because important constitutional rights of a third-party witness are adjudicated when rights under subdivision (b) of Section 2 of Article I of the California Constitution are asserted, except in circumstances that pose a clear and substantial threat to the integrity of the criminal investigation or present an imminent risk of death or serious bodily harm, a journalist who is subpoenaed in any civil or criminal proceeding shall be given at least five days’ notice by the party issuing the subpoena that his or her appearance will be required. (2) To protect against the inadvertent disclosure by a third party of information protected by Section 2 of Article I of the California Constitution, a party issuing a subpoena in any civil or criminal proceeding to a third party that seeks the records of a journalist shall, except in circumstances that pose a clear and substantial threat to the integrity of the criminal investigation or present an imminent risk of death or serious bodily harm, provide notice of the subpoena to the journalist and the publisher of the newspaper, magazine, or other publication or station operations manager of the broadcast station that employs or contracts with the journalist, as applicable, at least five days prior to issuing the subpoena. The party issuing the subpoena shall include in the notice, at a minimum, an explanation of why the requested records will be of material assistance to the party seeking them and why alternate sources of information are not sufficient to avoid the need for the subpoena. (c) If a trial court holds a journalist in contempt of court in a criminal proceeding notwithstanding subdivision (b) of Section 2 of Article I of the California Constitution, the court shall set forth findings, either in writing or on the record, stating at a minimum, why the information will be of material assistance to the party seeking the evidence, and why alternate sources of the information are not sufficient to satisfy the defendant’s right to a fair trial under the Sixth Amendment to the United States Constitution and Section 15 of Article I of the California Constitution. (d) As used in this section, “journalist” means the persons specified in subdivision (b) of Section 2 of Article I of the California Constitution. (Amended by Stats. 2013, Ch. 519, Sec. 1. (SB 558) Effective January 1, 2014.)
  148. 1986.5.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. )

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    A person subpoenaed to give a deposition is entitled to the same witness fees and mileage as if required to appear and testify in court, but a business-records witness covered by the stated exception gets only the fees set in Evidence Code Section 1563.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. ) ## 1986.5. Any person who is subpoenaed and required to give a deposition shall be entitled to receive the same witness fees and mileage as if the subpoena required him or her to attend and testify before a court in which the action or proceeding is pending. Notwithstanding this requirement, the only fees owed to a witness who is required to produce business records under Section 1560 of the Evidence Code pursuant to a subpoena duces tecum, but who is not required to personally attend a deposition away from his or her place of business, shall be those prescribed in Section 1563 of the Evidence Code. (Amended by Stats. 1986, Ch. 603, Sec. 4.)
  149. 1987.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. )

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    This section explains how a subpoena is served, when witness fees must be given, and when notice can replace a subpoena for certain parties.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. ) ## 1987. (a) Except as provided in Sections 68097.1 to 68097.8, inclusive, of the Government Code, the service of a subpoena is made by delivering a copy, or a ticket containing its substance, to the witness personally, giving or offering to the witness at the same time, if demanded by him or her, the fees to which he or she is entitled for travel to and from the place designated, and one day’s attendance there. The service shall be made so as to allow the witness a reasonable time for preparation and travel to the place of attendance. The service may be made by any person. If service is to be made on a minor, service shall be made on the minor’s parent, guardian, conservator, or similar fiduciary, or if one of those persons cannot be located with reasonable diligence, service shall be made on any person having the care or control of the minor or with whom the minor resides or by whom the minor is employed, and on the minor if the minor is 12 years of age or older. If the minor is alleged to come within the description of Section 300, 601, or 602 of the Welfare and Institutions Code and the minor is not in the custody of a parent or guardian, regardless of the age of the minor, service also shall be made upon the designated agent for service of process at the county child welfare department or the probation department under whose jurisdiction the minor has been placed. (b) In the case of the production of a party to the record of any civil action or proceeding or of a person for whose immediate benefit an action or proceeding is prosecuted or defended or of anyone who is an officer, director, or managing agent of any such party or person, the service of a subpoena upon any such witness is not required if written notice requesting the witness to attend before a court, or at a trial of an issue therein, with the time and place thereof, is served upon the attorney of that party or person. The notice shall be served at least 10 days before the time required for attendance unless the court prescribes a shorter time. If entitled thereto, the witness, upon demand, shall be paid witness fees and mileage before being required to testify. The giving of the notice shall have the same effect as service of a subpoena on the witness, and the parties shall have those rights and the court may make those orders, including the imposition of sanctions, as in the case of a subpoena for attendance before the court. (c) If the notice specified in subdivision (b) is served at least 20 days before the time required for attendance, or within any shorter period of time as the court may order, it may include a request that the party or person bring with him or her books, documents, electronically stored information, or other things. The notice shall state the exact materials or things desired and that the party or person has them in his or her possession or under his or her control. Within five days thereafter, or any other time period as the court may allow, the party or person of whom the request is made may serve written objections to the request or any part thereof, with a statement of grounds. Thereafter, upon noticed motion of the requesting party, accompanied by a showing of good cause and of materiality of the items to the issues, the court may order production of items to which objection was made, unless the objecting party or person establishes good cause for nonproduction or production under limitations or conditions. The procedure of this subdivision is alternative to the procedure provided by Sections 1985 and 1987.5 in the cases herein provided for, and no subpoena duces tecum shall be required. Subject to this subdivision, the notice provided in this subdivision shall have the same effect as is provided in subdivision (b) as to a notice for attendance of that party or person. (Amended by Stats. 2012, Ch. 72, Sec. 5. (SB 1574) Effective January 1, 2013.)
  150. 1987.1.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. )

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    A court may quash, modify, or condition certain subpoenas, and people in specified groups may ask for that relief.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. ) ## 1987.1. (a) If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court’s own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person. (b) The following persons may make a motion pursuant to subdivision (a): (1) A party. (2) A witness. (3) A consumer described in Section 1985.3. (4) An employee described in Section 1985.6. (5) A person whose personally identifying information, as defined in subdivision (b) of Section 1798.79.8 of the Civil Code, is sought in connection with an underlying action involving that person’s exercise of free speech rights. (c) Nothing in this section shall require any person to move to quash, modify, or condition any subpoena duces tecum of personal records of any consumer served under paragraph (1) of subdivision (b) of Section 1985.3 or employment records of any employee served under paragraph (1) of subdivision (b) of Section 1985.6. (Amended by Stats. 2012, Ch. 72, Sec. 6. (SB 1574) Effective January 1, 2013.)
  151. 1987.2.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. )

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    This section lets a court award reasonable expenses and attorney’s fees in certain subpoena-related motions, and bars sanctions for routine good-faith loss or alteration of electronic information absent exceptional circumstances.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. ) ## 1987.2. (a) Except as specified in subdivision (c), in making an order pursuant to motion made under subdivision (c) of Section 1987 or under Section 1987.1, the court may in its discretion award the amount of the reasonable expenses incurred in making or opposing the motion, including reasonable attorney’s fees, if the court finds the motion was made or opposed in bad faith or without substantial justification or that one or more of the requirements of the subpoena was oppressive. (b) (1) Notwithstanding subdivision (a), absent exceptional circumstances, the court shall not impose sanctions on a subpoenaed person or the attorney of a subpoenaed person for failure to provide electronically stored information that has been lost, damaged, altered, or overwritten as the result of the routine, good faith operation of an electronic information system. (2) This subdivision shall not be construed to alter any obligation to preserve discoverable information. (c) If a motion is filed under Section 1987.1 for an order to quash or modify a subpoena from a court of this state for personally identifying information, as defined in subdivision (b) of Section 1798.79.8 of the Civil Code, for use in an action pending in another state, territory, or district of the United States, or in a foreign nation, and that subpoena has been served on any Internet service provider, or on the provider of any other interactive computer service, as defined in Section 230(f)(2) of Title 47 of the United States Code, if the moving party prevails, and if the underlying action arises from the moving party’s exercise of free speech rights on the Internet and the respondent has failed to make a prima facie showing of a cause of action, the court shall award the amount of the reasonable expenses incurred in making the motion, including reasonable attorney’s fees. (Amended by Stats. 2012, Ch. 72, Sec. 7. (SB 1574) Effective January 1, 2013.)
  152. 1987.3.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. )

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    A subpoena duces tecum served on a records custodian or other qualified witness, where personal attendance is not required, means Section 1989 does not apply.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. ) ## 1987.3. When a subpoena duces tecum is served upon a custodian of records or other qualified witness as provided in Article 4 (commencing with Section 1560) of Chapter 2 of Division 11 of the Evidence Code, and his personal attendance is not required by the terms of the subpoena, Section 1989 shall not apply. (Added by Stats. 1970, Ch. 590.)
  153. 1987.5.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. )

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    A subpoena duces tecum is invalid unless the required affidavit copy is served, and certain deposition subpoenas also require the affidavit copy and materials designation attached to the deposition notice.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. ) ## 1987.5. The service of a subpoena duces tecum is invalid unless at the time of such service a copy of the affidavit upon which the subpoena is based is served on the person served with the subpoena. In the case of a subpoena duces tecum which requires appearance and the production of matters and things at the taking of a deposition, the subpoena shall not be valid unless a copy of the affidavit upon which the subpoena is based and the designation of the materials to be produced, as set forth in the subpoena, is attached to the notice of taking the deposition served upon each party or its attorney as provided in Chapter 3 (commencing with Section 2002) and in Title 4 (commencing with Section 2016.010). If matters and things are produced pursuant to a subpoena duces tecum in violation of this section, any other party to the action may file a motion for, and the court may grant, an order providing appropriate relief, including, but not limited to, exclusion of the evidence affected by the violation, a retaking of the deposition notwithstanding any other limitation on discovery proceedings, or a continuance. The party causing the subpoena to be served shall retain the original affidavit until final judgment in the action, and shall file the affidavit with the court only upon reasonable request by any party or witness affected thereby. This section does not apply to deposition subpoenas commanding only the production of business records for copying under Article 4 (commencing with Section 2020.410) of Chapter 6 of Title 4. (Amended by Stats. 2004, Ch. 182, Sec. 20. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  154. 1988.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. )

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    If a witness is hidden in a building or vessel to avoid subpoena service, a court, judge, or subpoena-issuing officer may order the county sheriff to serve it, and the sheriff must do so.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. ) ## 1988. If a witness is concealed in a building or vessel, so as to prevent the service of subpoena upon him, any Court or Judge, or any officer issuing the subpoena, may, upon proof by affidavit of the concealment, and of the materiality of the witness, make an order that the Sheriff of the county serve the subpoena; and the Sheriff must serve it accordingly, and for that purpose may break into the building or vessel where the witness is concealed. (Enacted 1872.)
  155. 1989.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. )

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    A witness generally does not have to attend as a witness before a court or similar officer, unless the witness is a resident of the state when served.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. ) ## 1989. A witness, including a witness specified in subdivision (b) of Section 1987, is not obliged to attend as a witness before any court, judge, justice or any other officer, unless the witness is a resident within the state at the time of service. (Amended by Stats. 1981, Ch. 184, Sec. 3.)
  156. 1990.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. )

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    A person who is present in court or before a judicial officer can be required to testify as if summoned by subpoena.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. ) ## 1990. A person present in Court, or before a judicial officer, may be required to testify in the same manner as if he were in attendance upon a subpoena issued by such Court or officer. (Enacted 1872.)
  157. 1991.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. )

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    A witness who disobeys a subpoena or refuses to be sworn, answer, or sign required testimony can be punished for contempt, but punishment for refusal to testify or sign generally requires notice, a hearing, and a court order first.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. ) ## 1991. Disobedience to a subpoena, or a refusal to be sworn, or to answer as a witness, or to subscribe an affidavit or deposition when required, may be punished as a contempt by the court issuing the subpoena. When the subpoena, in any such case, requires the attendance of the witness before an officer or commissioner out of court, it is the duty of the officer or commissioner to report any disobedience or refusal to be sworn or to answer a question or to subscribe an affidavit or deposition when required, to the court issuing the subpoena. The witness shall not be punished for any refusal to be sworn or to answer a question or to subscribe an affidavit or deposition, unless, after a hearing upon notice, the court orders the witness to be sworn, or to so answer or subscribe and then only for disobedience to the order. Any judge, justice, or other officer mentioned in subdivision (c) of Section 1986, may report any disobedience or refusal to be sworn or to answer a question or to subscribe an affidavit or deposition when required to the superior court of the county in which attendance was required; and the court thereupon has power, upon notice, to order the witness to perform the omitted act, and any refusal or neglect to comply with the order may be punished as a contempt of court. In lieu of the reporting of the refusal as hereinabove provided, the party seeking to obtain the deposition or to have the deposition or affidavit signed, at the time of the refusal may request the officer or commissioner to notify the witness that at a time stated, not less than five days nor more than 20 days from the date of the refusal, he or she will report the refusal of the witness to the court and that the party will, at that time, or as soon thereafter as he or she may be heard, apply to the court for an order directing the witness to be sworn, or to answer as a witness, or subscribe the deposition or affidavit, as the case may be, and that the witness is required to attend that session of the court. The officer or commissioner shall enter in the record of the proceedings an exact transcription of the request made of him or her that he or she notify the witness that the party will apply for an order directing the witness to be sworn or to answer as a witness or subscribe the deposition or affidavit, and of his or her notice to the witness, and the transcription shall be attached to his or her report to the court of the refusal of the witness. The report shall be filed by the officer with the clerk of the court issuing the subpoena, and the witness shall attend that session of the court, and for failure or refusal to do so may be punished for contempt. At the time so specified by the officer, or at a subsequent time to which the court may have continued the matter, if the officer has theretofore filed a report showing the refusal of the witness, the court shall hear the matter, and without further notice to the witness, may order the witness to be sworn or to answer as a witness or subscribe the deposition or affidavit, as the case may be, and may in the order specify the time and place at which compliance shall be made or to which the taking of the deposition is continued. Thereafter if the witness refuses to comply with the order he or she may be punished for contempt. (Amended by Stats. 1987, Ch. 56, Sec. 24.)
  158. 1991.1.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. )

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    A witness who disobeys a subpoena to attend an out-of-court deposition, or refuses to be sworn there, may be punished for contempt.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. ) ## 1991.1. Disobedience to a subpoena requiring attendance of a witness before an officer out of court in a deposition taken pursuant to Title 4 (commencing with Section 2016.010), or refusal to be sworn as a witness at that deposition, may be punished as contempt, as provided in subdivision (e) of Section 2023.030, without the necessity of a prior order of court directing compliance by the witness. (Amended by Stats. 2004, Ch. 182, Sec. 21. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  159. 1991.2.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. )

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    Section 1991.2 excludes acts or omissions in certain depositions from Section 1991 and makes Chapter 7 of Title 4 exclusively applicable instead.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. ) ## 1991.2. The provisions of Section 1991 do not apply to any act or omission occurring in a deposition taken pursuant to Title 4 (commencing with Section 2016.010). The provisions of Chapter 7 (commencing with Section 2023.010) of Title 4 are exclusively applicable. (Amended by Stats. 2005, Ch. 294, Sec. 6. Effective January 1, 2006.)
  160. 1992.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. )

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    If a person fails to appear under a subpoena or court order, the person must forfeit $500 and any damages caused by the failure, recoverable in a civil action.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. ) ## 1992. A person failing to appear pursuant to a subpoena or a court order also forfeits to the party aggrieved the sum of five hundred dollars ($500), and all damages that he or she may sustain by the failure of the person to appear pursuant to the subpoena or court order, which forfeiture and damages may be recovered in a civil action. (Amended by Stats. 2005, Ch. 474, Sec. 1. Effective January 1, 2006.)
  161. 1993.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. )

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    A court may issue an arrest warrant for a witness or person who failed to appear, but it must first give a failure-to-appear notice unless an urgent, materiality-based exception applies.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. ) ## 1993. (a) (1) As an alternative to issuing a warrant for contempt pursuant to paragraph (5) or (9) of subdivision (a) of Section 1209, the court may issue a warrant for the arrest of a witness who failed to appear pursuant to a subpoena or a person who failed to appear pursuant to a court order. The court, upon proof of the service of the subpoena or order, may issue a warrant to the sheriff of the county in which the witness or person may be located and the sheriff shall, upon payment of fees as provided in Section 26744.5 of the Government Code, arrest the witness or person and bring him or her before the court. (2) Before issuing a warrant for a failure to appear pursuant to a subpoena pursuant to this section, the court shall issue a “failure to appear” notice informing the person subject to the subpoena that a failure to appear in response to the notice may result in the issuance of a warrant. This notice requirement may be omitted only upon a showing that the appearance of the person subject to the subpoena is material to the case and that urgency dictates the person’s immediate appearance. (b) The warrant shall contain all of the following: (1) The title and case number of the action. (2) The name and physical description of the person to be arrested. (3) The last known address of the person to be arrested. (4) The date of issuance and county in which it is issued. (5) The signature or name of the judicial officer issuing the warrant, the title of his or her office, and the name of the court. (6) A command to arrest the person for failing to appear pursuant to the subpoena or court order, and specifying the date of service of the subpoena or court order. (7) A command to bring the person to be arrested before the issuing court, or the nearest court if in session, for the setting of bail in the amount of the warrant or to release on the person’s own recognizance. Any person so arrested shall be released from custody if he or she cannot be brought before the court within 12 hours of arrest, and the person shall not be arrested if the court will not be in session during the 12-hour period following the arrest. (8) A statement indicating the expiration date of the warrant as determined by the court. (9) The amount of bail. (10) An endorsement for nighttime service if good cause is shown, as provided in Section 840 of the Penal Code. (11) A statement indicating whether the person may be released upon a promise to appear, as provided by Section 1993.1. The court shall permit release upon a promise to appear, unless it makes a written finding that the urgency and materiality of the person’s appearance in court precludes use of the promise to appear process. (12) The date and time to appear in court if arrested and released pursuant to paragraph (11). (Amended by Stats. 2010, Ch. 680, Sec. 15. (AB 2394) Effective January 1, 2011.)
  162. 1993.1.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. )

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    This section lets a sheriff release an arrested person on a promise to appear, but requires a written notice to appear with specified details and immediate release after signing, unless listed nonrelease reasons apply.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. ) ## 1993.1. (a) If authorized by the court as provided by paragraph (11) of subdivision (b) of Section 1993, the sheriff may release the person arrested upon his or her promise to appear as provided in this section. (b) The sheriff shall prepare in duplicate a written notice to appear in court, containing the title of the case, case number, name and address of the person, the offense charged, and the time when, and place where, the person shall appear in court. In addition, the notice shall advise the person arrested of the provisions of Section 1992. (c) The date and time specified in the notice to appear in court shall be that determined by the issuing court pursuant to paragraph (12) of subdivision (b) of Section 1993. (d) The sheriff shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give his or her written promise to appear in court as specified in the notice by signing the duplicate notice, which shall be retained by the sheriff, and the sheriff may require the arrested person, if he or she has no satisfactory identification, to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the notice to appear. Except for law enforcement purposes relating to the identity of the arrestee, no person or entity may sell, give away, allow the distribution of, include in a database, or create a database with, this print. Upon the signing of the duplicate notice, the arresting officer shall immediately release the person arrested from custody. (e) The sheriff shall, as soon as practicable, file the original notice with the issuing court. The notice may be electronically transmitted to the court. (f) The person arrested shall be released unless one of the following is a reason for nonrelease, in which case the arresting officer either may release the person or shall indicate, on a form to be established by his or her employing law enforcement agency, which of the following was a reason for the nonrelease: (1) The person arrested was so intoxicated that he or she could have been a danger to himself or herself or to others. (2) The person arrested required medical examination or medical care or was otherwise unable to care for his or her own safety. (3) There were one or more additional outstanding arrest warrants for the person. (4) The person arrested demanded to be taken before a magistrate or refused to sign the notice to appear. (Added by Stats. 2005, Ch. 474, Sec. 4. Effective January 1, 2006.)
  163. 1993.2.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. )

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    If someone released on a promise to appear does not appear, the court may issue another warrant or impose a civil assessment of up to $1,000.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. ) ## 1993.2. If a person arrested on a civil bench warrant issued pursuant to Section 1993 fails to appear after being released on a promise to appear, the court may issue another warrant to bring the person before the court or assess a civil assessment in the amount of not more than one thousand dollars ($1,000), which shall be collected as follows: (a) The assessment shall not become effective until at least 10 calendar days after the court mails a warning notice to the person by first-class mail to the address shown on the promise to appear or to the person’s last known address. If the person appears within the time specified in the notice and shows good cause for the failure to appear or for the failure to pay a fine, the court shall vacate the assessment. (b) The assessment imposed under subdivision (a) may be enforced in the same manner as a money judgment in a limited civil case, and shall be subject to the due process requirements governing defense of actions and collection of civil money judgments generally. (Added by Stats. 2005, Ch. 474, Sec. 5. Effective January 1, 2006.)
  164. 1994.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. )

    Verify source ↗

    A warrant of commitment must state why the person is being committed, and if the commitment is for refusing to answer a question, the warrant must state that question.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. ) ## 1994. Every warrant of commitment, issued by a court or officer pursuant to this chapter, shall specify therein, particularly, the cause of the commitment, and if it be for refusing to answer a question, that question shall be stated in the warrant. (Amended by Stats. 2005, Ch. 474, Sec. 6. Effective January 1, 2006.)
  165. 1995.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. )

    Verify source ↗

    If a witness is a prisoner in a jail in this state, a court order may be made to examine the witness in jail on deposition or to temporarily remove and produce the witness before a court or officer.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. ) ## 1995. If the witness be a prisoner, confined in a jail within this state, an order for his examination in the jail upon deposition, or for his temporary removal and production before a court or officer may be made as follows: 1. By the court itself in which the action or special proceeding is pending, unless it be a small claims court. 2. By a justice of the Supreme Court, or a judge of the superior court of the county where the action or proceeding is pending, if pending before a small claims court, or before a judge or other person out of court. (Amended by Stats. 1977, Ch. 1257.)
  166. 1996.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. )

    Verify source ↗

    An order under this section may be made only when a party moves for it and supports the request with an affidavit.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. ) ## 1996. Such order can only be made on the motion of a party, upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality. (Enacted 1872.)
  167. 1997.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. )

    Verify source ↗

    If a witness is imprisoned in a county jail where the case is pending, the witness’s production may be required; otherwise, the witness’s examination must be taken by deposition.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 2. Means of Production [1985 - 1997] ( Chapter 2 enacted 1872. ) ## 1997. If the witness be imprisoned in a jail in the county where the action or proceeding is pending, his production may be required. In all other cases his examination, when allowed, must be taken upon deposition. (Amended by Stats. 1941, Ch. 802.)
  168. 2.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. )

    Verify source ↗

    This Code takes effect at noon on January 1, 1873.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 2. This Code takes effect at twelve o'clock noon, on the first day of January, eighteen hundred and seventy-three. (Enacted 1872.)
  169. 20.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. )

    Verify source ↗

    This section defines judicial remedies as remedies administered by courts of justice or by judicial officers empowered by the state constitution and statutes.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 20. Judicial remedies are such as are administered by the Courts of justice, or by judicial officers empowered for that purpose by the Constitution and statutes of this State. (Enacted 1872.)
  170. 2002.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 3. Manner of Production [2002 - 2015.6] ( Chapter 3 enacted 1872. ) ## ARTICLE 1. Mode of Taking the Testimony of Witnesses [2002 - 2005] ( Article 1 enacted 1872. )

    Verify source ↗

    Witness testimony may be taken by affidavit, deposition, or oral examination.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 3. Manner of Production [2002 - 2015.6] ( Chapter 3 enacted 1872. ) ## ARTICLE 1. Mode of Taking the Testimony of Witnesses [2002 - 2005] ( Article 1 enacted 1872. ) ## 2002. The testimony of witnesses is taken in three modes: 1. By affidavit; 2. By deposition; 3. By oral examination. (Enacted 1872.)
  171. 2003.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 3. Manner of Production [2002 - 2015.6] ( Chapter 3 enacted 1872. ) ## ARTICLE 1. Mode of Taking the Testimony of Witnesses [2002 - 2005] ( Article 1 enacted 1872. )

    Verify source ↗

    An affidavit is a written statement made under oath and without notice to the adverse party.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 3. Manner of Production [2002 - 2015.6] ( Chapter 3 enacted 1872. ) ## ARTICLE 1. Mode of Taking the Testimony of Witnesses [2002 - 2005] ( Article 1 enacted 1872. ) ## 2003. An affidavit is a written declaration under oath, made without notice to the adverse party. (Enacted 1872.)
  172. 2004.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 3. Manner of Production [2002 - 2015.6] ( Chapter 3 enacted 1872. ) ## ARTICLE 1. Mode of Taking the Testimony of Witnesses [2002 - 2005] ( Article 1 enacted 1872. )

    Verify source ↗

    A deposition is a written statement made under oath after notice to the adverse party, so the adverse party can attend and cross-examine. In certain default and probate-related proceedings, the usual right to further notice of a deposition application or proceeding is waived if the specified defaults or failures to appear occur.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 3. Manner of Production [2002 - 2015.6] ( Chapter 3 enacted 1872. ) ## ARTICLE 1. Mode of Taking the Testimony of Witnesses [2002 - 2005] ( Article 1 enacted 1872. ) ## 2004. A deposition is a written declaration, under oath, made upon notice to the adverse party, for the purpose of enabling him to attend and cross-examine. In all actions and proceedings where the default of the defendant has been duly entered, and in all proceedings to obtain letters of administration, or for the probate of wills and the issuance of letters testamentary thereon, where, after due and legal notice, those entitled to contest the application have failed to appear, the entry of said defaults, and the failure of said persons to appear after notice, shall be deemed to be a waiver of the right to any further notice of any application or proceeding to take testimony by deposition in such action or proceeding. (Amended by Stats. 1907, Ch. 527.)
  173. 2005.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 3. Manner of Production [2002 - 2015.6] ( Chapter 3 enacted 1872. ) ## ARTICLE 1. Mode of Taking the Testimony of Witnesses [2002 - 2005] ( Article 1 enacted 1872. )

    Verify source ↗

    This section defines an oral examination as testimony heard in the presence of the jury or tribunal deciding the matter.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 3. Manner of Production [2002 - 2015.6] ( Chapter 3 enacted 1872. ) ## ARTICLE 1. Mode of Taking the Testimony of Witnesses [2002 - 2005] ( Article 1 enacted 1872. ) ## 2005. An oral examination is an examination in presence of the jury or tribunal which is to decide the fact or act upon it, the testimony being heard by the jury or tribunal from the lips of the witness. (Enacted 1872.)
  174. 2009.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 3. Manner of Production [2002 - 2015.6] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Affidavits [2009 - 2015.6] ( Article 2 enacted 1872. )

    Verify source ↗

    An affidavit may be used for several listed proof purposes and in any other case allowed by statute.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 3. Manner of Production [2002 - 2015.6] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Affidavits [2009 - 2015.6] ( Article 2 enacted 1872. ) ## 2009. An affidavit may be used to verify a pleading or a paper in a special proceeding, to prove the service of a summons, notice, or other paper in an action or special proceeding, to obtain a provisional remedy, the examination of a witness, or a stay of proceedings, and in uncontested proceedings to establish a record of birth, or upon a motion, and in any other case expressly permitted by statute. (Amended by Stats. 1965, Ch. 299.)
  175. 201.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

    Verify source ↗

    A superior court or its judges may draw, summon, and impanel separate or shared trial jury panels, and judges may require jurors from an attending panel to serve in cases or complete another panel.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 201. In any superior court, a separate trial jury panel may be drawn, summoned, and impaneled for each judge, or any one panel may be drawn, summoned, and impaneled by any one of the judges, for use in the trial of cases before any of the judges, as occasion may require. In those courts, when a panel of jurors is in attendance for service before one or more of the judges, whether impaneled for common use or not, the whole or any number of the jurors from such panel may be required to attend and serve in the trial of cases, or to complete a panel, or jury, before any other of the judges. (Amended by Stats. 2002, Ch. 784, Sec. 47. Effective January 1, 2003.)
  176. 2010.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 3. Manner of Production [2002 - 2015.6] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Affidavits [2009 - 2015.6] ( Article 2 enacted 1872. )

    Verify source ↗

    Publication of a document or notice required to appear in a newspaper may be proved by affidavit from the printer, foreman, or principal clerk, attached to a copy of the item.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 3. Manner of Production [2002 - 2015.6] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Affidavits [2009 - 2015.6] ( Article 2 enacted 1872. ) ## 2010. Evidence of the publication of a document or notice required by law, or by an order of a Court or Judge, to be published in a newspaper, may be given by the affidavit of the printer of the newspaper, or his foreman or principal clerk, annexed to a copy of the document or notice, specifying the times when, and the paper in which, the publication was made. (Enacted 1872.)
  177. 2012.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 3. Manner of Production [2002 - 2015.6] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Affidavits [2009 - 2015.6] ( Article 2 enacted 1872. )

    Verify source ↗

    An affidavit for use before a court, judge, or state officer may be taken before an officer authorized to administer oaths.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 3. Manner of Production [2002 - 2015.6] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Affidavits [2009 - 2015.6] ( Article 2 enacted 1872. ) ## 2012. An affidavit to be used before any court, judge, or officer of this state may be taken before any officer authorized to administer oaths. (Amended by Stats. 1907, Ch. 393.)
  178. 2015.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 3. Manner of Production [2002 - 2015.6] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Affidavits [2009 - 2015.6] ( Article 2 enacted 1872. )

    Verify source ↗

    If an affidavit is taken before a judge or court in another state or in a foreign country, the court clerk must certify the judge’s signature, the court’s existence, and the judge’s membership in the court under the court seal.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 3. Manner of Production [2002 - 2015.6] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Affidavits [2009 - 2015.6] ( Article 2 enacted 1872. ) ## 2015. (a) When an affidavit is taken before a judge or a court in another state or in a foreign country, the genuineness of the signature of the judge, the existence of the court, and the fact that such judge is a member thereof, must be certified by the clerk of the court under the seal thereof. (b) This section shall not apply to oaths administered for admission to the State Bar of California pursuant to Section 6067 of the Business and Professions Code. (Amended by Stats. 2024, Ch. 227, Sec. 28. (AB 3279) Effective January 1, 2025.)
  179. 2015.3.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 3. Manner of Production [2002 - 2015.6] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Affidavits [2009 - 2015.6] ( Article 2 enacted 1872. )

    Verify source ↗

    A certificate signed by a sheriff, marshal, or the clerk of the superior court has the same force and effect as an affidavit.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 3. Manner of Production [2002 - 2015.6] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Affidavits [2009 - 2015.6] ( Article 2 enacted 1872. ) ## 2015.3. The certificate of a sheriff, marshal, or the clerk of the superior court, has the same force and effect as his or her affidavit. (Amended by Stats. 2002, Ch. 784, Sec. 88. Effective January 1, 2003.)
  180. 2015.5.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 3. Manner of Production [2002 - 2015.6] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Affidavits [2009 - 2015.6] ( Article 2 enacted 1872. )

    Verify source ↗

    A person may use an unsworn written declaration instead of a sworn statement or affidavit, if it includes the required perjury language, signature, and date information.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 3. Manner of Production [2002 - 2015.6] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Affidavits [2009 - 2015.6] ( Article 2 enacted 1872. ) ## 2015.5. Whenever, under any law of this state or under any rule, regulation, order or requirement made pursuant to the law of this state, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn statement, declaration, verification, certificate, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may with like force and effect be supported, evidenced, established or proved by the unsworn statement, declaration, verification, or certificate, in writing of such person which recites that it is certified or declared by him or her to be true under penalty of perjury, is subscribed by him or her, and (1), if executed within this state, states the date and place of execution, or (2), if executed at any place, within or without this state, states the date of execution and that it is so certified or declared under the laws of the State of California. The certification or declaration may be in substantially the following form: (a) If executed within this state: “I certify (or declare) under penalty of perjury that the foregoing is true and correct”: _____________ _________ (Date and Place)(Signature) (b) If executed at any place, within or without this state: “I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct”: _____________ _________ (Date)(Signature) (Amended by Stats. 1980, Ch. 889, Sec. 1. Operative July 1, 1981, by Sec. 6 of Ch. 889.)
  181. 2015.6.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 3. Manner of Production [2002 - 2015.6] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Affidavits [2009 - 2015.6] ( Article 2 enacted 1872. )

    Verify source ↗

    When an oath is required for a person appointed to perform specific duties, that person may use an unsworn written affirmation instead.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 - 2015.6] ( Title 3 enacted 1872. ) ## CHAPTER 3. Manner of Production [2002 - 2015.6] ( Chapter 3 enacted 1872. ) ## ARTICLE 2. Affidavits [2009 - 2015.6] ( Article 2 enacted 1872. ) ## 2015.6. Whenever, under any law of this State or under any rule, regulation, order or requirement made pursuant to law, an oath is required to be taken by a person appointed to discharge specific duties in a particular action, proceeding or matter, whether or not pending in court, including but not limited to a person appointed as executor, administrator, guardian, conservator, appraiser, receiver, or elisor, an unsworn written affirmation may be made and executed, in lieu of such oath. Such affirmation shall commence “I solemnly affirm,” shall state the substance of the other matter required by the oath, the date and place of execution and shall be subscribed by him. (Added by Stats. 1961, Ch. 1364.)
  182. 2016.010.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 1. General Provisions [2016.010 - 2016.090] ( Chapter 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    This title may be cited as the Civil Discovery Act.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 1. General Provisions [2016.010 - 2016.090] ( Chapter 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2016.010. This title may be cited as the “Civil Discovery Act.” (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  183. 2016.020.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 1. General Provisions [2016.010 - 2016.090] ( Chapter 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    This section defines several terms used in the Civil Discovery Act, including “action,” “court,” “document,” “writing,” “electronic,” and “electronically stored information.”

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 1. General Provisions [2016.010 - 2016.090] ( Chapter 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2016.020. As used in this title: (a) “Action” includes a civil action and a special proceeding of a civil nature. (b) “Court” means the trial court in which the action is pending, unless otherwise specified. (c) “Document” and “writing” mean a writing, as defined in Section 250 of the Evidence Code. (d) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (e) “Electronically stored information” means information that is stored in an electronic medium. (Amended by Stats. 2009, Ch. 5, Sec. 3. Effective June 29, 2009.)
  184. 2016.030.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 1. General Provisions [2016.010 - 2016.090] ( Chapter 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    The parties may change the discovery procedures in this title by written stipulation, unless the court orders otherwise.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 1. General Provisions [2016.010 - 2016.090] ( Chapter 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2016.030. Unless the court orders otherwise, the parties may by written stipulation modify the procedures provided by this title for any method of discovery permitted under Section 2019.010. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  185. 2016.040.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 1. General Provisions [2016.010 - 2016.090] ( Chapter 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A meet and confer declaration for a motion must describe a reasonable and good faith attempt to resolve each issue informally, and it must say whether the moving party discussed retaining a certified shorthand reporter.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 1. General Provisions [2016.010 - 2016.090] ( Chapter 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2016.040. (a) A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt, either in person, by telephone, or by videoconference, to informally resolve each issue presented by the motion. (b) The declaration shall also include whether the moving party has met and conferred, including through an electronic communication, regarding the retention of a certified shorthand reporter to report the hearing on the motion. This subdivision does not prevent the retention of a certified shorthand reporter. (Amended by Stats. 2025, Ch. 200, Sec. 12. (AB 1521) Effective January 1, 2026.)
  186. 2016.050.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 1. General Provisions [2016.010 - 2016.090] ( Chapter 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    Sections 1011 and 1013 apply to any method of discovery or service of a motion under this title.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 1. General Provisions [2016.010 - 2016.090] ( Chapter 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2016.050. Sections 1011 and 1013 apply to any method of discovery or service of a motion provided for in this title. (Amended by Stats. 2017, Ch. 64, Sec. 2. (SB 543) Effective January 1, 2018.)
  187. 2016.060.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 1. General Provisions [2016.010 - 2016.090] ( Chapter 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    If a deadline under this title ends on a Saturday, Sunday, or specified holiday, it is extended to the next court day closer to the trial date.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 1. General Provisions [2016.010 - 2016.090] ( Chapter 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2016.060. When the last day to perform or complete any act provided for in this title falls on a Saturday, Sunday, or holiday as specified in Section 10, the time limit is extended until the next court day closer to the trial date. (Added by Stats. 2004, Ch. 182, Sec. 23.5. Effective January 1, 2005. Operative July 1, 2005, by Secs. 62 and 64 of Ch. 182.)
  188. 2016.070.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 1. General Provisions [2016.010 - 2016.090] ( Chapter 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    This title applies to discovery in aid of enforcement of a money judgment only as provided in the referenced article.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 1. General Provisions [2016.010 - 2016.090] ( Chapter 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2016.070. This title applies to discovery in aid of enforcement of a money judgment only to the extent provided in Article 1 (commencing with Section 708.010) of Chapter 6 of Title 9 of Part 2. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  189. 2016.090.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 1. General Provisions [2016.010 - 2016.090] ( Chapter 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    In civil actions, parties who have appeared must make initial disclosures within 60 days after a demand, unless all parties stipulate otherwise.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 1. General Provisions [2016.010 - 2016.090] ( Chapter 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2016.090. (a) The following shall apply in a civil action unless modified by stipulation by all parties to the action: (1) Within 60 days of a demand by any party to the action, each party that has appeared in the action, including the party that made the demand, shall provide to the other parties an initial disclosure that includes all of the following information: (A) The names, addresses, telephone numbers, and email addresses of all persons likely to have discoverable information, along with the subjects of that information, that the disclosing party may use to support its claims or defenses, or that is relevant to the subject matter of the action or the order on any motion made in that action, unless the use would be solely for impeachment. The disclosure required by this subparagraph is not required to include persons who are expert trial witnesses or are retained as consultants who may later be designated as expert trial witnesses, as that term is described in Chapter 18 (commencing with Section 2034.010) of Title 4 of Part 4. (B) A copy, or a description by category and location, of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, or that is relevant to the subject matter of the action or the order on any motion made in that action, unless the use would be solely for impeachment. (C) Any contractual agreement and any insurance policy under which an insurance company may be liable to satisfy, in whole or in part, a judgment entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. (D) Any and all contractual agreements and any and all insurance policies under which a person, as defined in Section 175 of the Evidence Code, may be liable to satisfy, in whole or in part, a judgment entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. Only those provisions of an agreement that are material to the terms of the insurance, indemnification, or reimbursement are required to be included in the initial disclosure. Material provisions include, but are not limited to, the identities of parties to the agreement, the nature and limits of the coverage, and any and all documents regarding whether any insurance carrier is disputing the agreement’s or policy’s coverage of the claim involved in the action. (2) A party shall make its initial disclosures based on the information then reasonably available to it. A party is not excused from making its initial disclosures because it has not fully investigated the case, because it challenges the sufficiency of another party’s disclosures, or because another party has not made its disclosures. (3) (A) A party that has made, or responded to, a demand for an initial disclosure pursuant to paragraph (1) may propound a supplemental demand on any other party to elicit any later-acquired information bearing on all disclosures previously made by any party. (B) A party may propound a supplemental demand twice before the initial setting of a trial date, and, subject to the time limits on discovery proceedings and motions provided in Chapter 8 (commencing with Section 2024.010) of Title 4 of Part 4, once after the initial setting of a trial date. (C) Notwithstanding subparagraphs (A) and (B), on motion, for good cause shown, the court may grant leave to a party to propound one additional supplemental demand. (4) A party’s obligations under this section may be enforced by a court on its own motion or the motion of a party to compel disclosure. (5) A party’s disclosures under this section shall be verified either in a written declaration by the party or the party’s authorized representative, or signed by the party’s counsel. (b) Notwithstanding subdivision (a), this section does not apply to the following actions: (1) An unlawful detainer action, as defined in Section 1161. (2) An action in the small claims division of a court, as defined in Section 116.210. (3) An action or proceeding commenced in whole or in part under the Family Code. (4) An action or proceeding commenced in whole or in part under the Probate Code. (5) An action in which a party has been granted preference pursuant to Section 36. (c) This section does not apply to any party in the action who is not represented by counsel. (d) The changes made to this section by the act adding this subdivision apply only to civil actions filed on or after January 1, 2024. (Amended (as amended by Stats. 2023, Ch. 284, Sec. 1) by Stats. 2025, Ch. 50, Sec. 1. (SB 66) Effective January 1, 2026.)
  190. 2017.010.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 2. Scope of Discovery [2017.010 - 2017.320] ( Chapter 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. General Provisions [2017.010 - 2017.020] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party may obtain discovery of relevant, nonprivileged matter, unless the court limits discovery by order.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 2. Scope of Discovery [2017.010 - 2017.320] ( Chapter 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. General Provisions [2017.010 - 2017.020] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2017.010. Unless otherwise limited by order of the court in accordance with this title, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. Discovery may relate to the claim or defense of the party seeking discovery or of any other party to the action. Discovery may be obtained of the identity and location of persons having knowledge of any discoverable matter, as well as of the existence, description, nature, custody, condition, and location of any document, electronically stored information, tangible thing, or land or other property. (Amended by Stats. 2012, Ch. 72, Sec. 8. (SB 1574) Effective January 1, 2013.)
  191. 2017.020.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 2. Scope of Discovery [2017.010 - 2017.320] ( Chapter 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. General Provisions [2017.010 - 2017.020] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    The court must limit discovery when the burden, expense, or intrusiveness clearly outweighs the likely value of the evidence, and it must impose monetary sanctions for unsuccessful protective-order motions unless justification or injustice applies. It generally may not sanction a party or attorney for ESI lost through routine, good-faith system operations, except in exceptional circumstances.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 2. Scope of Discovery [2017.010 - 2017.320] ( Chapter 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 1. General Provisions [2017.010 - 2017.020] ( Article 1 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2017.020. (a) The court shall limit the scope of discovery if it determines that the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence. The court may make this determination pursuant to a motion for protective order by a party or other affected person. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. (b) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion for a protective order, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (c) (1) Notwithstanding subdivision (b), or any other section of this title, absent exceptional circumstances, the court shall not impose sanctions on a party or any attorney of a party for failure to provide electronically stored information that has been lost, damaged, altered, or overwritten as the result of the routine, good faith operation of an electronic information system. (2) This subdivision shall not be construed to alter any obligation to preserve discoverable information. (Amended by Stats. 2012, Ch. 72, Sec. 9. (SB 1574) Effective January 1, 2013.)
  192. 2017.210.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 2. Scope of Discovery [2017.010 - 2017.320] ( Chapter 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Scope of Discovery in Specific Contexts [2017.210 - 2017.220] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    A party may discover certain insurance-agreement information and limited details about a coverage dispute, but the agreement information is not admissible at trial.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 2. Scope of Discovery [2017.010 - 2017.320] ( Chapter 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Scope of Discovery in Specific Contexts [2017.210 - 2017.220] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2017.210. A party may obtain discovery of the existence and contents of any agreement under which any insurance carrier may be liable to satisfy in whole or in part a judgment that may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. This discovery may include the identity of the carrier and the nature and limits of the coverage. A party may also obtain discovery as to whether that insurance carrier is disputing the agreement’s coverage of the claim involved in the action, but not as to the nature and substance of that dispute. Information concerning the insurance agreement is not by reason of disclosure admissible in evidence at trial. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  193. 2017.220.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 2. Scope of Discovery [2017.010 - 2017.320] ( Chapter 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Scope of Discovery in Specific Contexts [2017.210 - 2017.220] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    In certain sexual harassment, sexual assault, or sexual battery cases, a party seeking discovery about the plaintiff’s sexual conduct with others must show good cause and relevance by noticed motion, and cannot use ex parte hearing for that showing.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 2. Scope of Discovery [2017.010 - 2017.320] ( Chapter 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 2. Scope of Discovery in Specific Contexts [2017.210 - 2017.220] ( Article 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2017.220. (a) In any civil action alleging conduct that constitutes sexual harassment, sexual assault, or sexual battery, any party seeking discovery concerning the plaintiff’s sexual conduct with individuals other than the alleged perpetrator shall establish specific facts showing that there is good cause for that discovery, and that the matter sought to be discovered is relevant to the subject matter of the action and reasonably calculated to lead to the discovery of admissible evidence. This showing shall be made by a noticed motion, accompanied by a meet and confer declaration under Section 2016.040, and shall not be made or considered by the court at an ex parte hearing. (b) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion for discovery under subdivision (a), unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  194. 2017.310.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 2. Scope of Discovery [2017.010 - 2017.320] ( Chapter 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Violation of the Elder Abuse and Dependent Adult Civil Protection Act [2017.310 - 2017.320] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    Courts generally may not enforce confidential settlement provisions in certain elder abuse civil actions unless specific showings are made.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 2. Scope of Discovery [2017.010 - 2017.320] ( Chapter 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Violation of the Elder Abuse and Dependent Adult Civil Protection Act [2017.310 - 2017.320] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2017.310. (a) Notwithstanding any other provision of law, it is the policy of the State of California that confidential settlement agreements are disfavored in any civil action the factual foundation for which establishes a cause of action for a violation of the Elder Abuse and Dependent Adult Civil Protection Act (Chapter 11(commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code). (b) Provisions of a confidential settlement agreement described in subdivision (a) may not be recognized or enforced by the court absent a showing of any of the following: (1) The information is privileged under existing law. (2) The information is not evidence of abuse of an elder or dependent adult, as described in Sections 15610.30, 15610.57, and 15610.63 of the Welfare and Institutions Code. (3) The party seeking to uphold the confidentiality of the information has demonstrated that there is a substantial probability that prejudice will result from the disclosure and that the party’s interest in the information cannot be adequately protected through redaction. (c) Nothing in paragraph (1), (2), or (3) of subdivision (b) permits the sealing or redacting of a defendant’s name in any information made available to the public. (d) Except as expressly provided in this section, nothing in this section is intended to alter, modify, or amend existing law. (e) Nothing in this section may be deemed to prohibit the entry or enforcement of that part of a confidentiality agreement, settlement agreement, or stipulated agreement between the parties that requires the nondisclosure of the amount of any money paid in a settlement of a claim. (f) Nothing in this section applies to or affects an action for professional negligence against a health care provider. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  195. 2017.320.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 2. Scope of Discovery [2017.010 - 2017.320] ( Chapter 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Violation of the Elder Abuse and Dependent Adult Civil Protection Act [2017.310 - 2017.320] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    In elder-abuse civil cases, certain discovery material may be filed with the court only after redaction, notice, and a meet-and-confer step; the court must also redact in some circumstances and cannot use a stipulated protective order to block disclosure unless listed showings are made.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 2. Scope of Discovery [2017.010 - 2017.320] ( Chapter 2 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 3. Violation of the Elder Abuse and Dependent Adult Civil Protection Act [2017.310 - 2017.320] ( Article 3 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2017.320. (a) In any civil action the factual foundation for which establishes a cause of action for a violation of the Elder Abuse and Dependent Adult Civil Protection Act (Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code), any information that is acquired through discovery and is protected from disclosure by a stipulated protective order shall remain subject to the protective order, except for information that is evidence of abuse of an elder or dependent adult as described in Sections 15610.30, 15610.57, and 15610.63 of the Welfare and Institutions Code. (b) In that instance, after redacting information in the document that is not evidence of abuse of an elder or dependent adult as described in Sections 15610.30, 15610.57, and 15610.63 of the Welfare and Institutions Code, a party may file that particularized information with the court. The party proposing to file the information shall offer to meet and confer with the party from whom the information was obtained at least one week prior to filing that information with the court. (c) The filing party shall give concurrent notice of the filing with the court and its basis to the party from whom the information was obtained. (d) Any filed information submitted to the court shall remain confidential under any protective order for 30 days after the filing and shall be part of the public court record thereafter, unless an affected party petitions the court and shows good cause for a court protective order. (e) The burden of showing good cause shall be on the party seeking the court protective order. (f) A stipulated protective order may not be recognized or enforced by the court to prevent disclosure of information filed with the court pursuant to subdivision (b), absent a showing of any of the following: (1) The information is privileged under existing law. (2) The information is not evidence of abuse of an elder or dependent adult as described in Sections 15610.30, 15610.57, and 15610.63 of the Welfare and Institutions Code. (3) The party seeking to uphold the confidentiality of the information has demonstrated that there is a substantial probability that prejudice will result from the disclosure and that the party’s interest in the information cannot be adequately protected through redaction. (g) If the court denies the petition for a court protective order, it shall redact any part of the filed information it finds is not evidence of abuse of an elder or dependent adult, as described in Sections 15610.30, 15610.57, and 15610.63 of the Welfare and Institutions Code. Nothing in this subdivision or in paragraph (1), (2), or (3) of subdivision (f) permits the sealing or redacting of a defendant’s name in any information made available to the public. (h) Nothing in this section applies to or affects an action for professional negligence against a health care provider. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  196. 2018.010.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 4. Attorney Work Product [2018.010 - 2018.080] ( Chapter 4 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    For this chapter, “client” has the meaning given in Evidence Code Section 951.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 4. Attorney Work Product [2018.010 - 2018.080] ( Chapter 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2018.010. For purposes of this chapter, “client” means a “client” as defined in Section 951 of the Evidence Code. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  197. 2018.020.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 4. Attorney Work Product [2018.010 - 2018.080] ( Chapter 4 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    The state’s policy is to protect attorneys’ privacy in preparing cases for trial and to stop attorneys from unfairly benefiting from an opponent’s work.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 4. Attorney Work Product [2018.010 - 2018.080] ( Chapter 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2018.020. It is the policy of the state to do both of the following: (a) Preserve the rights of attorneys to prepare cases for trial with that degree of privacy necessary to encourage them to prepare their cases thoroughly and to investigate not only the favorable but the unfavorable aspects of those cases. (b) Prevent attorneys from taking undue advantage of their adversary’s industry and efforts. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  198. 2018.030.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 4. Attorney Work Product [2018.010 - 2018.080] ( Chapter 4 added by Stats. 2004, Ch. 182, Sec. 23. )

    Verify source ↗

    Certain attorney work product is protected from discovery, and other attorney work product is discoverable only if the court finds denial would unfairly prejudice a party or cause injustice.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 4. Attorney Work Product [2018.010 - 2018.080] ( Chapter 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2018.030. (a) A writing that reflects an attorney’s impressions, conclusions, opinions, or legal research or theories is not discoverable under any circumstances. (b) The work product of an attorney, other than a writing described in subdivision (a), is not discoverable unless the court determines that denial of discovery will unfairly prejudice the party seeking discovery in preparing that party’s claim or defense or will result in an injustice. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  199. 2018.040.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 4. Attorney Work Product [2018.010 - 2018.080] ( Chapter 4 added by Stats. 2004, Ch. 182, Sec. 23. )

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    This section says Chapter 4 is a restatement of existing law on work product protection and does not change how discoverable work product is under existing law.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 4. Attorney Work Product [2018.010 - 2018.080] ( Chapter 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2018.040. This chapter is intended to be a restatement of existing law relating to protection of work product. It is not intended to expand or reduce the extent to which work product is discoverable under existing law in any action. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  200. 2018.050.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 4. Attorney Work Product [2018.010 - 2018.080] ( Chapter 4 added by Stats. 2004, Ch. 182, Sec. 23. )

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    Work product protection does not apply in certain criminal or fraud-related investigations or prosecutions involving a lawyer.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 4. Attorney Work Product [2018.010 - 2018.080] ( Chapter 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2018.050. Notwithstanding Section 2018.040, when a lawyer is suspected of knowingly participating in a crime or fraud, there is no protection of work product under this chapter in any official investigation by a law enforcement agency or proceeding or action brought by a public prosecutor in the name of the people of the State of California if the services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit a crime or fraud. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)

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