PART 1. OF COURTS OF JUSTICE [35. - 286.]

Part 1 repealed and added by Code Amendments 1880, Ch. 35.

§§ 35–286 · 216 sections

TITLE 1. ORGANIZATION AND JURISDICTION §§ 35–155 · 110 sections
1. CHAPTER 1. Courts of Justice in General §§ 35–38 · 5 sections
  - § 35 (a) Proceedings in cases involving the registration or denial of registration of voters, the certification or denial of certification of candidates, the…
  - § 36 (a) A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the…
  - § 36.5 An affidavit submitted in support of a motion for preference under subdivision (a) of Section 36 may be signed by the attorney for the party seeking preference…
  - § 37 (a) A civil action shall be entitled to preference, if the action is one in which the plaintiff is seeking damages which were alleged to have been caused by…
  - § 38 Unless the provision or context otherwise requires, a reference in a statute to a judicial district means: (a) As it relates to a court of appeal, the court of…
2. CHAPTER 3. Supreme Court §§ 41–46 · 6 sections
  - § 41 The Supreme Court and the courts of appeal may transact business at any time.
  - § 42 Adjournments from day to day, or from time to time, are to be construed as recesses in the sessions, and shall not prevent the Supreme Court or the courts of…
  - § 43 The Supreme Court, and the courts of appeal, may affirm, reverse, or modify any judgment or order appealed from, and may direct the proper judgment or order to…
  - § 44 Appeals in probate proceedings, in contested election cases, and in actions for libel or slander by a person who holds any elective public office or a…
  - § 45 An appeal from a judgment freeing a minor who is a dependent child of the juvenile court from parental custody and control, or denying a recommendation to free…
  - § 46 Appeals in actions brought under Section 1094.9 shall be given preference in scheduling for hearing in the courts of appeal, and in the Supreme Court.
3. CHAPTER 4. Superior Courts §§ 71–77 · 7 sections
  - § 71 The process of superior courts shall extend throughout the state.
  - § 73c Notwithstanding anything to the contrary contained in any other law of this state, the judges of the superior court of the county in which is located the…
  - § 73d Whenever, under Section 73c, it becomes necessary for a judge, clerk, deputy clerk, court reporter or bailiff of or sitting in the superior court of the county…
  - § 73e Notwithstanding any other provisions of law, in each county wherein the juvenile hall is not located at the county seat of the county, a majority of the judges…
  - § 74 Adjournments from day to day, or from time to time, are to be construed as recesses in the sessions, and shall not prevent the Court from sitting at any time.
  - § 75 The superior court in any county may by rule provide that, whenever all judges are absent from the county, any noncontested matter in which no evidence is…
  - § 77 (a) In every county there is an appellate division of the superior court consisting of three judges or, when the Chief Justice finds it necessary, four judges.…
4. CHAPTER 5.1. Limited Civil Cases §§ 85–100 · 17 sections
  1. ARTICLE 1. Jurisdiction in Limited Civil Cases §§ 85–89 · 6 sections
    § 85 Notwithstanding any law, including, but not limited to, a law that classified an action or special proceeding as a limited civil case, an action or special…
    § 86 (a) The following civil cases and proceedings are limited civil cases: (1) A case at law if the demand, exclusive of interest, or the value of the property in…
    § 86.1 An action brought pursuant to the Long-Term Care, Health, Safety, and Security Act of 1973 (Chapter 2.4 (commencing with Section 1417) of Division 2 of the…
    § 87 (a) A limited civil case may be brought in the small claims division if the case is within the jurisdiction of the small claims division as otherwise provided…
    § 88 A civil action or proceeding other than a limited civil case may be referred to as an unlimited civil case.
    § 89 (a) The existence of a statute relating to the authority of the court in a limited civil case does not, by itself, imply that the same authority does or does…
  2. ARTICLE 2. Economic Litigation for Limited Civil Cases §§ 90–100 · 11 sections
    § 90 Except where changed by the provisions of this article, all provisions of law applicable to civil actions generally apply to actions subject to this article.
    § 91 (a) Except as otherwise provided in this section, the provisions of this article apply to every limited civil case. (b) The provisions of this article do not…
    § 92 (a) The pleadings allowed are complaints, answers, cross-complaints, answers to cross-complaints and general demurrers. (b) The answer need not be verified,…
    § 93 (a) The plaintiff has the option to serve case questionnaires with the complaint, using forms approved by the Judicial Council. The questionnaires served shall…
    § 94 Discovery is permitted only to the extent provided by this section and Section 95. This discovery shall comply with the notice and format requirements of the…
    § 95 (a) The court may, on noticed motion and subject to such terms and conditions as are just, authorize a party to conduct additional discovery, but only upon a…
    § 96 (a) Any party may serve on any other party a request in substantially the following form: TO: , attorney for : You are requested to serve on the undersigned,…
    § 97 (a) Except as provided in this section, upon objection of a party who served a request in compliance with Section 96, no party required to serve a responding…
    § 98 A party may, in lieu of presenting direct testimony, offer the prepared testimony of relevant witnesses in the form of affidavits or declarations under penalty…
    § 99 A judgment or final order, in respect to the matter directly adjudged, is conclusive between the parties and their successors in interest but does not operate…
    § 100 Any party shall have the right to appeal any judgment or final order consistent with the law governing appeals.
5. CHAPTER 5.5. Small Claims Court §§ 116.110–116.950 · 62 sections
  1. ARTICLE 1. General Provisions §§ 116.110–116.140 · 4 sections
    § 116.110 This chapter shall be known and may be cited as “The Small Claims Act.”
    § 116.120 The Legislature hereby finds and declares as follows: (a) Individual minor civil disputes are of special importance to the parties and of significant social…
    § 116.130 In this chapter, unless the context indicates otherwise: (a) “Plaintiff” means the party who has filed a small claims action. The term includes a defendant who…
    § 116.140 The following do not apply in small claims actions: (a) Subdivision (a) of Section 1013 and subdivision (b) of Section 1005, on the extension of the time for…
  2. ARTICLE 2. Small Claims Court §§ 116.210–116.270 · 12 sections
    § 116.210 In each superior court there shall be a small claims division. The small claims division may be known as the small claims court.
    § 116.220 (a) The small claims court has jurisdiction in the following actions: (1) Except as provided in subdivisions (c), (e), and (f), for recovery of money, if the…
    § 116.221 In addition to the jurisdiction conferred by Section 116.220, the small claims court has jurisdiction in an action brought by a natural person, if the amount…
    § 116.222 If the action is to enforce the payment of a debt, the statement of calculation of liability shall separately state the original debt, each payment credited to…
    § 116.225 An agreement entered into or renewed on or after January 1, 2003, establishing a forum outside of California for an action arising from an offer or provision…
    § 116.230 (a) In a small claims case, the clerk of the court shall charge and collect only those fees authorized under this chapter. (b) If the party filing a claim has…
    § 116.231 (a) Except as provided in subdivision (d), no person may file more than two small claims actions in which the amount demanded exceeds two thousand five hundred…
    § 116.232 A fee of fifteen dollars ($15) shall be charged and collected from the plaintiff for each defendant to whom the court clerk mails a copy of the claim under…
    § 116.240 (a) With the consent of the parties who appear at the hearing, the court may order a case to be heard by a temporary judge who is a member of the State Bar,…
    § 116.250 (a) Sessions of the small claims court may be scheduled at any time and on any day, including Saturdays, but excluding other judicial holidays. (b) Each small…
    § 116.260 In each county, individual assistance shall be made available to advise small claims litigants and potential litigants without charge as provided in Section…
    § 116.270 Any small claims division may use law clerks to assist the judge with legal research of small claims cases.
  3. ARTICLE 3. Actions §§ 116.310–116.390 · 7 sections
    § 116.310 (a) No formal pleading, other than the claim described in Section 116.320 or 116.360, is necessary to initiate a small claims action. (b) The pretrial…
    § 116.320 (a) A plaintiff may commence an action in the small claims court by filing a claim under oath with the clerk of the small claims court in person, by mail, by…
    § 116.330 (a) When a claim is filed, the clerk shall schedule the case for hearing and shall issue an order directing the parties to appear at the time set for the…
    § 116.340 (a) Service of the claim and order on the defendant may be made by any one of the following methods: (1) The clerk may cause a copy of the claim and order to…
    § 116.360 (a) The defendant may file a claim against the plaintiff in the same action in an amount not to exceed the jurisdictional limits stated in Sections 116.220,…
    § 116.370 (a) Venue and court location requirements in small claims actions shall be the same as in other civil actions. The court may prescribe by local rule the proper…
    § 116.390 (a) If a defendant has a claim against a plaintiff that exceeds the jurisdictional limits stated in Sections 116.220, 116.221, and 116.231, and the claim…
  4. ARTICLE 4. Parties §§ 116.410–116.430 · 3 sections
    § 116.410 (a) Any person who is at least 18 years of age, or legally emancipated, and mentally competent may be a party to a small claims action. (b) A minor or…
    § 116.420 (a) No claim shall be filed or maintained in small claims court by the assignee of the claim. (b) This section does not prevent the filing or defense of an…
    § 116.430 (a) If the plaintiff operates or does business under a fictitious business name and the claim relates to that business, the claim shall be accompanied by the…
  5. ARTICLE 5. Hearing §§ 116.510–116.570 · 8 sections
    § 116.510 The hearing and disposition of the small claims action shall be informal, the object being to dispense justice promptly, fairly, and inexpensively.
    § 116.520 (a) The parties have the right to offer evidence by witnesses at the hearing or, with the permission of the court, at another time. (b) If the defendant fails…
    § 116.530 (a) Except as permitted by this section, no attorney may take part in the conduct or defense of a small claims action. (b) Subdivision (a) does not apply if…
    § 116.531 Nothing in this article shall prevent a representative of an insurer or other expert in the matter before the small claims court from rendering assistance to a…
    § 116.540 (a) Except as permitted by this section, no individual other than the plaintiff and the defendant may take part in the conduct or defense of a small claims…
    § 116.541 (a) Notwithstanding Section 116.540 or any other provision of law, the Department of Corrections or the Department of the Youth Authority may appear and…
    § 116.560 (a) Whenever a claim that is filed against a person operating or doing business under a fictitious business name relates to the defendant’s business, the court…
    § 116.570 (a) Any party may submit a written request to postpone a hearing date for good cause. (1) The written request may be made either by letter or on a form adopted…
  6. ARTICLE 6. Judgment §§ 116.610–116.630 · 3 sections
    § 116.610 (a) The small claims court shall give judgment for damages, or equitable relief, or both damages and equitable relief, within the jurisdictional limits stated…
    § 116.620 (a) The judgment debtor shall pay the amount of the judgment either immediately or at the time and upon the terms and conditions, including payment by…
    § 116.630 The court may, at any time after judgment, for good cause, upon motion by a party and notice by the clerk to all affected parties at their last known address,…
  7. ARTICLE 7. Motion to Vacate, Appeal, and Related Matters §§ 116.710–116.798 · 13 sections
    § 116.710 (a) The plaintiff in a small claims action shall have no right to appeal the judgment on the plaintiff’s claim, but a plaintiff who did not appear at the…
    § 116.720 (a) A plaintiff who did not appear at the hearing in the small claims court may file a motion to vacate the judgment with the clerk of the small claims court.…
    § 116.725 (a) A motion to correct a clerical error in a judgment or to set aside and vacate a judgment on the ground of an incorrect or erroneous legal basis for the…
    § 116.730 (a) A defendant who did not appear at the hearing in the small claims court may file a motion to vacate the judgment with the clerk of the small claims court.…
    § 116.740 (a) If the defendant was not properly served as required by Section 116.330 or 116.340 and did not appear at the hearing in the small claims court, the…
    § 116.745 The clerk shall collect a fee of twenty dollars ($20) for the filing of a motion to vacate.
    § 116.750 (a) An appeal from a judgment in a small claims action is taken by filing a notice of appeal with the clerk of the small claims court. (b) A notice of appeal…
    § 116.760 (a) The appealing party shall pay a fee of seventy-five dollars ($75) for filing a notice of appeal. (b) A party who does not appeal shall not be charged any…
    § 116.770 (a) The appeal to the superior court shall consist of a new hearing before a judicial officer other than the judicial officer who heard the action in the small…
    § 116.780 (a) The judgment of the superior court after a hearing on appeal is final and not appealable. (b) Article 6 (commencing with Section 116.610) on judgments of…
    § 116.790 If the superior court finds that the appeal was without substantial merit and not based on good faith, but was intended to harass or delay the other party, or…
    § 116.795 (a) The superior court may dismiss the appeal if the appealing party does not appear at the hearing or if the appeal is not heard within one year from the date…
    § 116.798 (a) (1) A petition that seeks a writ of review, a writ of mandate, or a writ of prohibition relating to an act of the small claims division, other than a…
  8. ARTICLE 8. Satisfaction and Enforcement of Judgment §§ 116.810–116.880 · 8 sections
    § 116.810 (a) Enforcement of the judgment of a small claims court, including the issuance or recording of any abstract of the judgment, is automatically suspended,…
    § 116.820 (a) The judgment of a small claims court, or the judgment of the superior court after a hearing on appeal, may be enforced by the small claims court as…
    § 116.830 (a) At the time judgment is rendered, or notice of entry of the judgment is mailed to the parties, the clerk shall deliver or mail to the judgment debtor a…
    § 116.840 (a) At the option of the judgment debtor, payment of the judgment may be made either (1) to the judgment creditor in accordance with Section 116.850, or (2) to…
    § 116.850 (a) If full payment of the judgment is made to the judgment creditor or to the judgment creditor’s assignee of record, then immediately upon receipt of…
    § 116.860 (a) A judgment debtor who desires to make payment to the court in which the judgment was entered may file a request to make payment, which shall be made on a…
    § 116.870 (a) Sections 16250 to 16381, inclusive, of the Vehicle Code, regarding the suspension of the judgment debtor’s privilege to operate a motor vehicle for failing…
    § 116.880 (a) If the judgment (1) was for one thousand dollars ($1,000) or less, (2) resulted from a motor vehicle accident occurring on a California highway caused by…
  9. ARTICLE 9. Administration §§ 116.920–116.950 · 4 sections
    § 116.920 (a) The Judicial Council shall provide by rule for the practice and procedure and for the forms and their use in small claims actions. The rules and forms so…
    § 116.930 (a) Each small claims division shall provide in each courtroom in which small claims actions are heard a current copy of a publication describing small claims…
    § 116.940 (a) Except as otherwise provided in this section or in rules adopted by the Judicial Council, which are consistent with the requirements of this section, the…
    § 116.950 (a) This section shall become operative only if the Department of Consumer Affairs determines that sufficient private or public funds are available in addition…
6. CHAPTER 6. General Provisions Respecting Courts of Justice §§ 124–153 · 12 sections
  1. ARTICLE 1. Open Court Access § 124 · 1 section
    § 124 (a) Except as provided in Section 214 of the Family Code or any other law, the sittings of every court shall be public. (b) (1) The court shall not exclude the…
  2. ARTICLE 2. Incidental Powers and Duties of Courts §§ 128–130 · 5 sections
    § 128 (a) Every court shall have the power to do all of the following: (1) To preserve and enforce order in its immediate presence. (2) To enforce order in the…
    § 128.5 (a) A trial court may order a party, the party’s attorney, or both, to pay the reasonable expenses, including attorney’s fees, incurred by another party as a…
    § 128.7 (a) Every pleading, petition, written notice of motion, or other similar paper shall be signed by at least one attorney of record in the attorney’s individual…
    § 129 (a) Notwithstanding any other law, a copy, reproduction, or facsimile of any kind of a photograph, negative, or print, including instant photographs and video…
    § 130 (a) Subject to the provisions of this section, when a child who is under 18 years of age is killed as a result of a criminal act and a person has been…
  3. ARTICLE 3. Judicial Holidays §§ 133–136 · 4 sections
    § 133 Courts of justice may be held and judicial business transacted on any day, except as provided in this article.
    § 134 (a) Except as provided in subdivision (c), the courts shall be closed for the transaction of judicial business on judicial holidays for all but the following…
    § 135 Every full day designated as a holiday by Section 6700 of the Government Code, including that Thursday of November declared by the President to be Thanksgiving…
    § 136 If a day appointed for the holding or sitting of a court, or to which it is adjourned, falls on a judicial holiday, it shall be deemed appointed for or…
  4. ARTICLE 4. Proceedings in Case of Absence of Judge § 139 · 1 section
    § 139 If no judge attends on the day appointed for the holding or sitting of a court, or on the day to which it may have been adjourned, within one hour after the…
  5. ARTICLE 6. Seals of Courts § 153 · 1 section
    § 153 Except as otherwise expressly provided by law, the seal of a court need not be affixed to any proceeding therein, or to any document, except to the following:…
7. CHAPTER 7. Special Immigrant Juvenile Findings § 155 · 1 section
  - § 155 (a) (1) A superior court has jurisdiction under California law to make judicial determinations regarding the dependency or custody, or both, and care of…
TITLE 2. JUDICIAL OFFICERS §§ 165–187 · 23 sections
1. CHAPTER 2. Powers of Judges at Chambers §§ 165–167 · 4 sections
  - § 165 The justices of the Supreme Court and of the courts of appeal, or any of them, may, at chambers, grant all orders and writs which are usually granted in the…
  - § 166 (a) The judges of the superior courts may, in chambers: (1) Grant all orders and writs that are usually granted in the first instance upon an ex parte…
  - § 166.1 Upon the written request of any party or his or her counsel, or at the judge’s discretion, a judge may indicate in any interlocutory order a belief that there…
  - § 167 Any act required or permitted to be performed by the clerk of a court may be performed by a judge thereof.
2. CHAPTER 3. Disqualifications of Judges §§ 170–170.9 · 10 sections
  - § 170 A judge has a duty to decide any proceeding in which he or she is not disqualified.
  - § 170.1 (a) A judge shall be disqualified if any one or more of the following are true: (1) (A) The judge has personal knowledge of disputed evidentiary facts…
  - § 170.2 It shall not be grounds for disqualification that the judge: (a) Is or is not a member of a racial, ethnic, religious, sexual or similar group and the…
  - § 170.3 (a) (1) If a judge determines himself or herself to be disqualified, the judge shall notify the presiding judge of the court of his or her recusal and shall…
  - § 170.4 (a) A disqualified judge, notwithstanding his or her disqualification may do any of the following: (1) Take any action or issue any order necessary to maintain…
  - § 170.5 For the purposes of Sections 170 to 170.5, inclusive, the following definitions apply: (a) “Judge” means judges of the superior courts, and court commissioners…
  - § 170.6 (a) (1) A judge, court commissioner, or referee of a superior court of the State of California shall not try a civil or criminal action or special proceeding…
  - § 170.7 Section 170.6 does not apply to a judge designated or assigned to serve on the appellate division of a superior court in the judge’s capacity as a judge of…
  - § 170.8 When there is no judge of a court qualified to hear an action or proceeding, the clerk shall forthwith notify the Chairman of the Judicial Council of that…
  - § 170.9 (a) A judge shall not accept gifts from a single source in a calendar year with a total value of more than two hundred fifty dollars ($250). This section shall…
3. CHAPTER 4. Incidental Powers and Duties of Judicial Officers §§ 177–179 · 4 sections
  - § 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…
  - § 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…
  - § 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.
  - § 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…
4. CHAPTER 5. Miscellaneous Provisions Respecting Courts of Justice §§ 182–187 · 5 sections
  - § 182 The heading to this chapter shall not be deemed to govern or limit the scope or meaning of this chapter.
  - § 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…
  - § 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…
  - § 186 Such abbreviations as are in common use may be used, and numbers may be expressed by figures or numerals in the customary manner.
  - § 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…
TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE §§ 190–259 · 52 sections
1. CHAPTER 1. Trial Jury Selection and Management Act §§ 190–242 · 51 sections
  - § 190 This chapter shall be known and may be cited as the Trial Jury Selection and Management Act.
  - § 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…
  - § 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.
  - § 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)…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 198 (a) Random selection shall be utilized in creating master and qualified juror lists, commencing with selection from source lists, and continuing through…
  - § 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…
  - § 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…
  - § 202 Mechanical, electric, or electronic equipment, which in the opinion of the jury commissioner is satisfactory therefor, may be used in the performance of any…
  - § 203 (a) All persons are eligible and qualified to be prospective trial jurors, except the following: (1) Persons who are not citizens of the United States. (2)…
  - § 204 (a) No eligible person shall be exempt from service as a trial juror by reason of occupation, economic status, or any characteristic listed or defined in…
  - § 205 (a) If a jury commissioner requires a person to complete a questionnaire, the questionnaire shall ask only questions related to juror identification,…
  - § 206 (a) Prior to discharging the jury from the case, the judge in a criminal action shall inform the jurors that they have an absolute right to discuss or not to…
  - § 207 (a) The jury commissioner shall maintain records regarding selection, qualification, and assignment of prospective jurors. (b) The jury commissioner shall…
  - § 208 The jury commissioner shall estimate the number of prospective jurors that may be required to serve the needs of the court, and shall summon prospective jurors…
  - § 209 (a) Any prospective trial juror who has been summoned for service, and who fails to attend as directed or to respond to the court or jury commissioner and to…
  - § 210 The summons shall contain the date, time, and place of appearance required of the prospective juror or, alternatively, instructions as to the procedure for…
  - § 210.5 The Judicial Council shall adopt a standardized jury summons for use, with appropriate modifications, around the state, that is understandable and has consumer…
  - § 211 When a court has no prospective jurors remaining available for voir dire from panels furnished by, or available from, the jury commissioner, and finds that not…
  - § 213 Unless excused by reason of undue hardship, all or any portion of the summoned prospective jurors shall be available on one-hour notice by telephone to appear…
  - § 214 The jury commissioner shall provide orientation for new jurors, which shall include necessary basic information concerning jury service. The jury commissioner…
  - § 215 (a) Except as provided in subdivision (b), on and after July 1, 2000, the fee for jurors in the superior court, in civil and criminal cases, is fifteen dollars…
  - § 216 (a) At each court facility where jury cases are heard, the court shall provide a deliberation room or rooms for use of jurors when they have retired for…
  - § 217 In criminal cases only, while the jury is kept together, either during the progress of the trial or after their retirement for deliberation, the court may…
  - § 218 The jury commissioner shall hear the excuses of jurors summoned, in accordance with the standards prescribed by the Judicial Council. It shall be left to the…
  - § 219 (a) Except as provided in subdivision (b), the jury commissioner shall randomly select jurors for jury panels to be sent to courtrooms for voir dire. (b) (1)…
  - § 219.5 The Judicial Council shall adopt a rule of court, on or before January 1, 2005, requiring the trial courts to establish procedures for jury service that gives…
  - § 220 A trial jury shall consist of 12 persons, except that in civil actions and cases of misdemeanor, it may consist of 12 or any number less than 12, upon which…
  - § 222 (a) Except as provided in subdivision (b), when an action is called for trial by jury, the clerk shall randomly select the names of the jurors for voir dire,…
  - § 222.5 (a) To select a fair and impartial jury in a civil jury trial, the trial judge shall conduct an initial examination of prospective jurors. At the final status…
  - § 223 (a) To select a fair and impartial jury in a criminal jury trial, the trial judge shall conduct an initial examination of prospective jurors. At the first…
  - § 224 (a) If a party does not cause the removal by challenge of an individual juror who is deaf, hard of hearing, blind, visually impaired, or speech impaired and…
  - § 225 A challenge is an objection made to the trial jurors that may be taken by any party to the action, and is of the following classes and types: (a) A challenge…
  - § 226 (a) A challenge to an individual juror may only be made before the jury is sworn. (b) A challenge to an individual juror may be taken orally or may be made in…
  - § 227 The challenges of either party for cause need not all be taken at once, but they may be taken separately, in the following order, including in each challenge…
  - § 228 Challenges for general disqualification may be taken on one or both of the following grounds, and for no other: (a) A want of any of the qualifications…
  - § 229 A challenge for implied bias may be taken for one or more of the following causes, and for no other: (a) Consanguinity or affinity within the fourth degree to…
  - § 230 Challenges for cause shall be tried by the court. The juror challenged and any other person may be examined as a witness in the trial of the challenge, and…
  - § 231 (a) In criminal cases, if the offense charged is punishable with death, or with imprisonment in the state prison for life, the defendant is entitled to 20 and…
  - § 231.5 A party shall not use a peremptory challenge to remove a prospective juror on the basis of an assumption that the prospective juror is biased merely because of…
  - § 231.7 (a) A party shall not use a peremptory challenge to remove a prospective juror on the basis of the prospective juror’s race, ethnicity, gender, gender…
  - § 232 (a) Prior to the examination of prospective trial jurors in the panel assigned for voir dire, the following perjury acknowledgment and agreement shall be…
  - § 233 If, before the jury has returned its verdict to the court, a juror becomes sick or, upon other good cause shown to the court, is found to be unable to perform…
  - § 234 Whenever, in the opinion of a judge of a superior court about to try a civil or criminal action or proceeding, the trial is likely to be a protracted one, or…
  - § 235 At the request of the sheriff, coroner, or other ministerial officer, the jury commissioner shall provide such prospective jurors as may be required to form a…
  - § 236 When six or more prospective jurors of inquest attend, they shall be sworn by the coroner to inquire who the person was, and when, where, and by what means the…
  - § 237 (a) (1) The names of qualified jurors drawn from the qualified juror list for the superior court shall be made available to the public upon request unless the…
  - § 242 (a) Following the receipt of a verdict and before discharging the jury in a criminal action or proceeding alleging a violent felony, the court shall provide…
2. CHAPTER 2. Court Commissioners § 259 · 1 section
  - § 259 Subject to the supervision of the court, every court commissioner shall have power to do all of the following: (a) Hear and determine ex parte motions for…
TITLE 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE §§ 262–274a · 23 sections
1. CHAPTER 1. Of Ministerial Officers Generally §§ 262–262.11 · 12 sections
  - § 262 The direction or authority of a party or his or her attorney to a sheriff, in respect to the execution of process or return thereof, or to any related act or…
  - § 262.1 A sheriff or other ministerial officer is justified in the execution of, and shall execute, all process and orders regular on their face and issued by…
  - § 262.2 Except as otherwise provided, the officer executing process shall, so long as he or she retains the original process, show it to any interested person, upon…
  - § 262.3 When any process remains with the sheriff unexecuted, in whole or in part, at the time of his death, resignation of office, or at the expiration of his term of…
  - § 262.4 If the sheriff sells real estate, under and by virtue of an execution or order of court, the sheriff, or his or her successors in office, shall execute and…
  - § 262.5 Service of a paper, other than process, upon the sheriff may be made by delivering it to him or to one of his deputies, or to a person in charge of the office…
  - § 262.6 When the sheriff is a party to an action or proceeding, the process and orders therein, which it would otherwise be the duty of the sheriff to execute, shall…
  - § 262.7 If an action is begun against a sheriff, all process and orders may be served by any person in the manner provided in this code.
  - § 262.8 Process or orders in an action or proceeding may be executed by a person residing in the county, designated by the court, or the judge thereof, and denominated…
  - § 262.9 When process is delivered to an elisor, he shall execute and return it in the same manner as the sheriff is required to execute similar process.
  - § 262.10 Whenever process is executed, or any act performed by a coroner or elisor, he shall receive a reasonable compensation, to be fixed by the court, to be paid by…
  - § 262.11 In all cases where new counties have been or may hereafter be created, and executions, orders of sale upon foreclosures of mortgages, or other process…
2. CHAPTER 2. Levying Officer Electronic Transactions Act §§ 263–263.7 · 7 sections
  - § 263 (a) This chapter may be cited as the Levying Officer Electronic Transactions Act. (b) The Legislature finds and declares that modern technologies offer…
  - § 263.1 As used in this chapter, the following terms have the following definitions: (a) “Electronic mail” or “e-mail” means an electronic message that is sent to an…
  - § 263.2 (a) A levying officer may utilize an information processing system to create, generate, send, receive, store, display, retrieve, or process information,…
  - § 263.3 Whenever the fax transmission of a document or record to a levying officer is authorized pursuant to this chapter, all of the following shall apply: (a) A…
  - § 263.4 (a) A levying officer may create, store, print, or transmit an electronic record in the place of, and in the same manner as, the paper record or document upon…
  - § 263.6 (a) In lieu of returning to court the paper version of an original writ of execution, the levying officer may retain the original writ or an electronic copy of…
  - § 263.7 (a) A levying officer shall exclude or redact the following identifiers from any record or document made available to the public: (1) Social security number.…
3. CHAPTER 3. Phonographic Reporters §§ 269–274a · 4 sections
  - § 269 (a) An official reporter or official reporter pro tempore of the superior court shall take down in shorthand all testimony, objections made, rulings of the…
  - § 271 (a) An official reporter or official reporter pro tempore shall deliver a transcript in electronic form, in compliance with the California Rules of Court, to…
  - § 273 (a) The report of the official reporter, or official reporter pro tempore, of any court, duly appointed and sworn, when transcribed and certified as being a…
  - § 274a Any judge of the superior court may have any opinion given or rendered by the judge in the trial of a felony case or an unlimited civil case, pending in that…
TITLE 5. PERSONS SPECIALLY INVESTED WITH MINISTERIAL POWERS RELATING TO COURTS OF JUSTICE §§ 283–286 · 8 sections
1. CHAPTER 1. Attorneys and Counselors at Law §§ 283–286 · 8 sections
  - § 283 An attorney and counselor shall have authority: 1. To bind his client in any of the steps of an action or proceeding by his agreement filed with the Clerk, or…
  - § 284 The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: 1. Upon the consent of…
  - § 285 When an attorney is changed, as provided in the last section, written notice of the change and of the substitution of a new attorney, or of the appearance of…
  - § 285.1 An attorney of record for any party in any civil action or proceeding for dissolution of marriage, legal separation, or for a declaration of void or voidable…
  - § 285.2 If a reduction in public funding for legal service materially impairs a legal service agency attorney’s ability to represent an indigent client, the court, on…
  - § 285.3 The court, upon the granting of a motion for withdrawal pursuant to Section 285.2, may toll the running of any statute of limitations, filing requirement,…
  - § 285.4 The court, upon the granting of a motion for withdrawal pursuant to Section 285.2, may appoint any member of the bar or any law firm or professional law…
  - § 286 When an attorney dies, or is removed or suspended, or ceases to act as such, a party to an action, for whom he was acting as attorney, must, before any further…