TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577. - 674.]
Title 8 enacted 1872.
§§ 577–674 · 156 sections
CHAPTER 1. Judgment in General §§ 577–582.5 · 18 sections
- § 577 A judgment is the final determination of the rights of the parties in an action or proceeding.
- § 577.5 In any judgment, or execution upon such judgment, the amount shall be computed and stated in dollars and cents, rejecting fractions.
- § 578 Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of…
- § 579 In an action against several defendants, the Court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against…
- § 580 (a) The relief granted to the plaintiff, if there is no answer, cannot exceed that demanded in the complaint, in the statement required by Section 425.11, or…
- § 580a Whenever a money judgment is sought for the balance due upon an obligation for the payment of which a deed of trust or mortgage with power of sale upon real…
- § 580b (a) Except as provided in subdivision (c), no deficiency shall be owed or collected, and no deficiency judgment shall lie, for any of the following: (1) After…
- § 580c In all cases where existing deeds of trust or mortgages are judicially foreclosed, unless a different amount is set up in the mortgage or deed of trust, and in…
- § 580d (a) Except as provided in subdivision (b), no deficiency shall be owed or collected, and no deficiency judgment shall be rendered for a deficiency on a note…
- § 580e (a) (1) No deficiency shall be owed or collected, and no deficiency judgment shall be requested or rendered for any deficiency upon a note secured solely by a…
- § 580.5 (a) For purposes of this section: (1) “Beneficiary” means a “beneficiary” as defined in paragraph (3) of subdivision (a) of Section 5102 of the Commercial…
- § 580.7 (a) For purposes of this section: (1) “Beneficiary” means a “beneficiary” as defined in paragraph (3) of subdivision (a) of Section 5102 of the Commercial…
- § 581 (a) As used in this section: (1) “Action” means any civil action or special proceeding. (2) “Complaint” means a complaint and a cross-complaint. (3) “Court”…
- § 581.5 In a case involving consumer debt, as defined in Section 1788.2 of the Civil Code, and as regulated under Title 1.6C.5 (commencing with Section 1788.50) of…
- § 581c (a) Only after, and not before, the plaintiff has completed his or her opening statement, or after the presentation of his or her evidence in a trial by jury,…
- § 581d A written dismissal of an action shall be entered in the clerk’s register and is effective for all purposes when so entered. All dismissals ordered by the…
- § 582 In all other cases judgment shall be rendered on the merits.
- § 582.5 In a limited civil case in which the defendant has appeared, if the judgment or order is for the payment of money by the defendant, the defendant shall pay the…
CHAPTER 1.5. Dismissal for Delay in Prosecution §§ 583.110–583.430 · 21 sections
ARTICLE 1. Definitions and General Provisions §§ 583.110–583.161 · 7 sections
- § 583.110 As used in this chapter, unless the provision or context otherwise requires: (a) “Action” includes an action commenced by cross-complaint or other pleading…
- § 583.120 (a) This chapter applies to a civil action and does not apply to a special proceeding except to the extent incorporated by reference in the special proceeding.…
- § 583.130 It is the policy of the state that a plaintiff shall proceed with reasonable diligence in the prosecution of an action but that all parties shall cooperate in…
- § 583.140 Nothing in this chapter abrogates or otherwise affects the principles of waiver and estoppel.
- § 583.150 This chapter does not limit or affect the authority of a court to dismiss an action or impose other sanctions under a rule adopted by the court pursuant to…
- § 583.160 This chapter applies to a motion for dismissal made in an action commenced before, on, or after the effective date of this chapter, except that in the case of…
- § 583.161 A petition filed pursuant to Section 299, 2250, 2330, or 7600 of the Family Code shall not be dismissed pursuant to this chapter if any of the following…
ARTICLE 2. Mandatory Time for Service of Summons §§ 583.210–583.250 · 5 sections
- § 583.210 (a) The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this…
- § 583.220 The time within which service must be made pursuant to this article does not apply if the defendant enters into a stipulation in writing or does another act…
- § 583.230 The parties may extend the time within which service must be made pursuant to this article by the following means: (a) By written stipulation. The stipulation…
- § 583.240 In computing the time within which service must be made pursuant to this article, there shall be excluded the time during which any of the following conditions…
- § 583.250 (a) If service is not made in an action within the time prescribed in this article: (1) The action shall not be further prosecuted and no further proceedings…
ARTICLE 3. Mandatory Time for Bringing Action to Trial or New Trial §§ 583.310–583.360 · 6 sections
- § 583.310 An action shall be brought to trial within five years after the action is commenced against the defendant.
- § 583.320 (a) If a new trial is granted in the action the action shall again be brought to trial within the following times: (1) If a trial is commenced but no judgment…
- § 583.330 The parties may extend the time within which an action must be brought to trial pursuant to this article by the following means: (a) By written stipulation.…
- § 583.340 In computing the time within which an action must be brought to trial pursuant to this article, there shall be excluded the time during which any of the…
- § 583.350 If the time within which an action must be brought to trial pursuant to this article is tolled or otherwise extended pursuant to statute with the result that…
- § 583.360 (a) An action shall be dismissed by the court on its own motion or on motion of the defendant, after notice to the parties, if the action is not brought to…
ARTICLE 4. Discretionary Dismissal for Delay §§ 583.410–583.430 · 3 sections
- § 583.410 (a) The court may in its discretion dismiss an action for delay in prosecution pursuant to this article on its own motion or on motion of the defendant if to…
- § 583.420 (a) The court may not dismiss an action pursuant to this article for delay in prosecution except after one of the following conditions has occurred: (1)…
- § 583.430 (a) In a proceeding for dismissal of an action pursuant to this article for delay in prosecution the court in its discretion may require as a condition of…
CHAPTER 2. Judgment Upon Failure to Answer §§ 585–587.5 · 5 sections
- § 585 Judgment may be had, if the defendant fails to answer the complaint, as follows: (a) In an action arising upon contract or judgment for the recovery of money…
- § 585.5 (a) Every application to enter default under subdivision (a) of Section 585 shall include, or be accompanied by, an affidavit stating facts showing that the…
- § 586 (a) In the following cases the same proceedings shall be had, and judgment shall be rendered in the same manner, as if the defendant had failed to answer: (1)…
- § 587 An application by a plaintiff for entry of default under subdivision (a), (b), or (c) of Section 585 or Section 586 shall include an affidavit stating that a…
- § 587.5 As used in this chapter, unless the context otherwise specifically requires, the following terms apply: (a) “Complaint” includes a cross-complaint. (b)…
CHAPTER 3. Issues—The Mode of Trial and Postponements §§ 588–599 · 17 sections
- § 588 Issues arise upon the pleadings when a fact or a conclusion of law is maintained by the one party and is controverted by the other. They are of two kinds: 1.…
- § 589 An issue of law arises: (a) Upon a demurrer to the complaint, cross-complaint, or answer, or to some part thereof. (b) Upon a motion to strike made pursuant to…
- § 590 An issue of fact arises: 1. Upon a material allegation in the complaint controverted by the answer; and, 2. Upon new matters in the answer, except an issue of…
- § 591 An issue of law must be tried by the court, unless it is referred upon consent; provided, however, that failure on the part of any person filing any demurrer…
- § [592.] Section Five Hundred and Ninety-two. In actions for the recovery of specific, real, or personal property, with or without damages, or for money claimed as due…
- § 594 (a) In superior courts either party may bring an issue to trial or to a hearing, and, in the absence of the adverse party, unless the court, for good cause,…
- § 594a The court may, of its own motion, postpone the trial, if at the time fixed for the trial the court is engaged in the trial of another action; or if, as…
- § 595 The trial of any civil action, or proceeding in a court, or of any administrative proceeding before a state board or commission or officer, irrespective of the…
- § 595.1 The term “proceeding in a court” as it is used in Section 595 shall include any discovery proceeding, pretrial conference, deposition, interrogatory, or any…
- § 595.2 In all cases, the court shall postpone a trial, or the hearing of any motion or demurrer, for a period not to exceed thirty (30) days, when all attorneys of…
- § 595.3 In actions involving the title to mining claims, or involving trespass for damage upon mining claims, if it be made to appear to the satisfaction of the court…
- § 595.4 A motion to postpone a trial on the ground of the absence of evidence can only be made upon affidavit showing the materiality of the evidence expected to be…
- § 596 The party obtaining a postponement of a trial, if required by the adverse party, must consent that the testimony of any witness of such adverse party, who is…
- § 597 When the answer pleads that the action is barred by the statute of limitations, or by a prior judgment, or that another action is pending upon the same cause…
- § 597.5 In an action against a physician or surgeon, dentist, registered nurse, dispensing optician, optometrist, registered physical therapist, podiatrist, licensed…
- § 598 The court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on…
- § 599 (a) Notwithstanding any other law and unless ordered otherwise by a court or otherwise agreed to by the parties, a continuance or postponement of a trial or…
CHAPTER 4. Trial by Jury §§ 607–630 · 21 sections
ARTICLE 2. Conduct of the Trial §§ 607–619 · 14 sections
- § 607 When the jury has been sworn, the trial must proceed in the following order, unless the court, for special reasons otherwise directs: 1. The plaintiff may…
- § 607a In every case which is being tried before the court with a jury, it shall be the duty of counsel for the respective parties, before the first witness is sworn,…
- § 608 In charging the jury the Court may state to them all matters of law which it thinks necessary for their information in giving their verdict; and, if it state…
- § 609 Where either party asks special instructions to be given to the jury, the Court must either give such instruction, as requested, or refuse to do so, or give…
- § 611 If the jury are permitted to separate, either during the trial or after the case is submitted to them, they shall be admonished by the court that it is their…
- § 612 Upon retiring for deliberation the jury may take with them all papers which have been received as evidence in the cause, except depositions, or copies of such…
- § 612.5 Upon the jury retiring for deliberation, the court shall advise the jury of the availability of a written copy of the jury instructions. The court may, at its…
- § 613 When the case is finally submitted to the jury, they may decide in court or retire for deliberation. If they retire, they must be kept together in some…
- § 614 After the jury have retired for deliberation, if there be a disagreement between them as to any part of the testimony, or if they desire to be informed of any…
- § 614.5 Except for good cause shown, the judge in his or her discretion need not be present in the court while testimony previously received in evidence is read to the…
- § 616 In all cases where the jury are discharged without having rendered a verdict, or are prevented from giving a verdict, by reason of accident or other cause,…
- § 617 While the jury are absent the Court may adjourn from time to time, in respect to other business; but it is nevertheless open for every purpose connected with…
- § 618 When the jury, or three-fourths of them, have agreed upon a verdict, they must be conducted into court and the verdict rendered by their foreperson. The…
- § 619 When the verdict is announced, if it is informal or insufficient, in not covering the issue submitted, it may be corrected by the jury under the advice of the…
ARTICLE 3. The Verdict §§ 624–630 · 7 sections
- § 624 The verdict of a jury is either general or special. A general verdict is that by which they pronounce generally upon all or any of the issues, either in favor…
- § 625 In all cases the court may direct the jury to find a special verdict in writing, upon all, or any of the issues, and in all cases may instruct them, if they…
- § 626 When a verdict is found for the plaintiff in an action for the recovery of money, or for the cross-complainant when a cross-complaint for the recovery of money…
- § [627.] Section Six Hundred and Twenty-seven. In an action for the recovery of specific personal property, if the property has not been delivered to the plaintiff, or…
- § 628 In superior courts upon receipt of a verdict, an entry must be made in the minutes of the court, specifying the time of trial, the names of the jurors and…
- § 629 (a) The court, before the expiration of its power to rule on a motion for a new trial, either of its own motion, after five days’ notice, or on motion of a…
- § 630 (a) Unless the court specified an earlier time for making a motion for directed verdict, after all parties have completed the presentation of all of their…
CHAPTER 4.5. Voluntary Expedited Jury Trials §§ 630.01–630.11 · 11 sections
- § 630.01 For purposes of this chapter: (a) “Expedited jury trial” means a consensual, binding jury trial before a reduced jury panel and a judicial officer. (b)…
- § 630.02 The rules and procedures applicable to expedited jury trials are as follows: (a) The procedures in this chapter and in the implementing rules of court shall…
- § 630.03 (a) All parties agreeing to participate in an expedited jury trial and, if represented, their counsel, shall sign a proposed consent order granting an…
- § 630.04 (a) Juries in expedited jury trial cases shall be composed of eight jurors, unless the parties have agreed to fewer. No alternates shall be selected. (b) The…
- § 630.05 Nothing in this chapter is intended to preclude a jury from deliberating as long as needed.
- § 630.06 (a) The rules of evidence apply in expedited jury trials, unless the parties stipulate otherwise. (b) Any stipulation by the parties to use relaxed rules of…
- § 630.07 (a) The verdict in an expedited jury trial case is binding, subject to any written high/low agreement or other stipulations concerning the amount of the award…
- § 630.08 (a) By agreeing to participate in the expedited jury trial process, the parties agree to waive any motions for directed verdict, motions to set aside the…
- § 630.09 (a) By agreeing to participate in the expedited jury trial process, the parties agree to waive the right to bring post-trial motions or to appeal from the…
- § 630.10 All statutes and rules governing costs and attorney’s fees shall apply in expedited jury trials, unless the parties agree otherwise in the consent order.
- § 630.11 The Judicial Council shall, on or before July 1, 2016, update rules and forms to establish uniform procedures implementing the provisions of this chapter,…
CHAPTER 4.6. Mandatory Expedited Jury Trials in Limited Civil Cases §§ 630.20–630.29 · 10 sections
- § 630.20 (a) Except as provided in subdivisions (b) and (c), an action or special proceeding treated as a limited civil case pursuant to Article 1 (commencing with…
- § 630.21 For purposes of this chapter: (a) “Mandatory expedited jury trial” means a jury trial before a reduced jury panel and a judge, conducted pursuant to this…
- § 630.22 (a) The procedures in this chapter and in the implementing rules of court shall apply to mandatory expedited jury trials conducted in limited civil cases,…
- § 630.23 The following rules and procedures apply to mandatory expedited jury trials conducted pursuant to this chapter: (a) Each side shall have up to five hours in…
- § 630.24 Nothing in this chapter is intended to preclude a jury from deliberating as long as needed.
- § 630.25 (a) The rules of evidence apply to mandatory expedited jury trials conducted in limited civil cases, unless the parties stipulate otherwise. (b) Any…
- § 630.26 (a) A vote of six of the eight jurors is required for a verdict, unless the parties stipulate otherwise. (b) The verdict in a limited civil case following a…
- § 630.27 All statutes and rules governing costs and attorney’s fees shall apply in limited civil cases that are conducted as mandatory expedited jury trials, unless the…
- § 630.28 The Judicial Council shall, on or before July 1, 2016, adopt rules and forms to establish uniform procedures implementing the provisions of this chapter,…
- § 630.29 Sections 630.20 to 630.27, inclusive, shall become operative on July 1, 2016.
CHAPTER 5. Trial by the Court §§ 631–636 · 10 sections
- § 631 (a) The right to a trial by jury as declared by Section 16 of Article I of the California Constitution shall be preserved to the parties inviolate. In civil…
- § 631.2 (a) Notwithstanding any other provision of law, the superior court may pay jury fees in civil cases from general funds of the court available therefor. Nothing…
- § 631.3 (a) Notwithstanding any other law, when a party to the litigation has deposited jury fees with the judge or clerk and that party waives a jury or obtains a…
- § 631.5 In all cases of eminent domain the deposits of jury fees and mileage provided for in section 631 of this code shall be made by the party seeking condemnation…
- § 631.7 Ordinarily, unless the court otherwise directs, the trial of a civil action tried by the court without a jury shall proceed in the order specified in Section…
- § 631.8 (a) After a party has completed his presentation of evidence in a trial by the court, the other party, without waiving his right to offer evidence in support…
- § 632 (a) In superior courts, upon the trial of a question of fact by the court, written findings of fact and conclusions of law shall not be required. The court…
- § 634 When a statement of decision does not resolve a controverted issue, or if the statement is ambiguous and the record shows that the omission or ambiguity was…
- § 635 In all cases where the decision of the court has been entered in its minutes, and when the judge who heard or tried the case is unavailable, the formal…
- § 636 On a judgment for the plaintiff upon an issue of law, he may proceed in the manner prescribed by the first two subdivisions of Section 585, upon the failure of…
CHAPTER 6. Of References and Trials by Referees §§ 638–645.2 · 12 sections
- § 638 A referee may be appointed upon the agreement of the parties filed with the clerk, or judge, or entered in the minutes, or upon the motion of a party to a…
- § 639 (a) When the parties do not consent, the court may, upon the written motion of any party, or of its own motion, appoint a referee in the following cases…
- § 640 (a) The court shall appoint as referee or referees the person or persons, not exceeding three, agreed upon by the parties. (b) If the parties do not agree on…
- § 640.5 It is the intent of the Legislature that the practice and cost of referring discovery disputes to outside referees be thoroughly reviewed. Therefore, in…
- § 641 A party may object to the appointment of any person as referee, on one or more of the following grounds: (a) A want of any of the qualifications prescribed by…
- § 641.2 In any action brought under Article 8 (commencing with Section 12600) of Chapter 6, Part 2, Division 3, Title 3 of the Government Code, a party may object to…
- § 642 Objections, if any, to a reference or to the referee or referees appointed by the court shall be made in writing, and must be heard and disposed of by the…
- § 643 (a) Unless otherwise directed by the court, the referees or commissioner must report their statement of decision in writing to the court within 20 days after…
- § 644 (a) In the case of a consensual general reference pursuant to Section 638, the decision of the referee or commissioner upon the whole issue must stand as the…
- § 645 The decision of the referee appointed pursuant to Section 638 or commissioner may be excepted to and reviewed in like manner as if made by the court. When the…
- § 645.1 (a) When a referee is appointed pursuant to Section 638, the referee’s fees shall be paid as agreed by the parties. If the parties do not agree on the payment…
- § 645.2 The Judicial Council shall adopt all rules of court necessary to implement this chapter.
CHAPTER 7. Provisions Relating to Trials in General §§ 646–663.2 · 17 sections
ARTICLE 1. Exceptions §§ 646–647 · 2 sections
- § 646 An exception is an objection upon a matter of law to a decision made, either before or after judgment, by a Court, tribunal, Judge, or other judicial officer,…
- § 647 All of the following are deemed excepted to: the verdict of the jury; the final decision in an action or proceeding; an interlocutory order or decision,…
ARTICLE 1.5. View by Trier of Fact § 651 · 1 section
- § 651 (a) On its own motion or on the motion of a party, where the court finds that such a view would be proper and would aid the trier of fact in its determination…
ARTICLE 2. New Trials §§ 656–663.2 · 14 sections
- § 656 A new trial is a re-examination of an issue of fact in the same court after a trial and decision by a jury, court, or referee.
- § 657 The verdict may be vacated and any other decision may be modified or vacated, in whole or in part, and a new or further trial granted on all or part of the…
- § 657.1 A new trial may also be granted as provided in Section 914 of this code.
- § 658 When the application is made for a cause mentioned in the first, second, third and fourth subdivisions of Section 657, it must be made upon affidavits;…
- § 659 (a) The party intending to move for a new trial shall file with the clerk and serve upon each adverse party a notice of their intention to move for a new…
- § 659a Within 10 days of filing the notice, the moving party shall serve upon all other parties and file any brief and accompanying documents, including affidavits in…
- § 660 (a) On the hearing of the motion, reference may be had in all cases to the pleadings and orders of the court on file, and when the motion is made on the…
- § 661 The motion for a new trial shall be heard and determined by the judge who presided at the trial; provided, however, that in case of the inability of such judge…
- § 662 In ruling on such motion, in a cause tried without a jury, the court may, on such terms as may be just, change or add to the statement of decision, modify the…
- § 662.5 (a) In any civil action where after trial by jury an order granting a new trial limited to the issue of damages would be proper, the trial court may in its…
- § 663 A judgment or decree, when based upon a decision by the court, or the special verdict of a jury, may, upon motion of the party aggrieved, be set aside and…
- § 663a (a) A party intending to make a motion to set aside and vacate a judgment, as described in Section 663, shall file with the clerk and serve upon the adverse…
- § 663.1 The court may grant a new trial of any action or proceeding when all of the following conditions exist: (a) Any proposed bill of exceptions or statement of the…
- § 663.2 Pending the hearing of a motion pursuant to Section 663.1 to grant a new trial, the time within which a bill of exceptions may be prepared, served, or…
CHAPTER 8. The Manner of Giving and Entering Judgment §§ 664–674 · 14 sections
- § 664 (a) When trial by jury has been had, judgment must be entered by the clerk, in conformity to the verdict within 24 hours after the rendition of the verdict,…
- § 664.5 (a) In any contested action or special proceeding other than a small claims action or an action or proceeding in which a prevailing party is not represented by…
- § 664.6 (a) If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for…
- § 664.7 (a) Notwithstanding Section 664.6, if parties to a pending construction defect action stipulate personally or, where a party’s contribution is paid on its…
- § 665 When the case is reserved for argument or further consideration, as mentioned in the last section, it may be brought by either party before the Court for…
- § 666 If a claim asserted in a cross-complaint is established at the trial and the amount so established exceeds the demand established by the party against whom the…
- § 667 In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a delivery…
- § 667.7 (a) In any action for injury or damages against a provider of health care services, a superior court shall, at the request of either party, enter a judgment…
- § 668 Except as provided in Section 668.5, the clerk of the superior court, must keep, with the records of the court, a book called the “judgment book,” in which…
- § 668.5 In those counties where the clerk of the court places individual judgments in the file of actions and either a microfilm copy of the individual judgment is…
- § 669 If a party dies after trial and submission of the case to a judge sitting without a jury for decision or after a verdict upon any issue of fact, and before…
- § 670 In superior courts the following papers, without being attached together, shall constitute the judgment roll: (a) In case the complaint is not answered by any…
- § 673 (a) An assignee of a right represented by a judgment may become an assignee of record by filing with the clerk of the court which entered the judgment an…
- § 674 (a) Except as otherwise provided in Section 4506 of the Family Code, an abstract of a judgment or decree requiring the payment of money shall be certified by…