DIVISION 3. GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000. - 1312.]
Division 3 enacted by Stats. 1990, Ch. 79.
§§ 1000–1312 · 71 sections
PART 1. GENERAL PROVISIONS §§ 1000–1064 · 28 sections
CHAPTER 1. Rules of Practice §§ 1000–1004 · 6 sections
- § 1000 (a) Except to the extent that this code provides applicable rules, the rules of practice applicable to civil actions, including discovery proceedings and…
- § 1001 (a) The Judicial Council may provide by rule for the practice and procedure under this code. Unless disapproved by the Judicial Council, a court may provide by…
- § 1002 Unless it is otherwise provided by this code or by rules adopted by the Judicial Council, either the superior court or the court on appeal may, in its…
- § 1003 (a) The court may, on its own motion or on request of a personal representative, guardian, conservator, trustee, or other interested person, appoint a guardian…
- § 1003.5 The public guardian shall not be appointed as a guardian ad litem pursuant to Section 1003 unless the court, after reasonable notice and inquiry, finds that no…
- § 1004 If a proceeding under this code affects the title to or the right of possession of real property, notice of the pendency of the proceeding may be filed…
CHAPTER 2. Petitions and Other Papers §§ 1020–1023 · 4 sections
- § 1020 Except as provided in Section 1023, a petition, objection, response, report, or account filed pursuant to this code shall be in writing, signed by all of the…
- § 1021 (a) All of the following shall be verified: (1) A petition, report, or account filed pursuant to this code. (2) An objection or response filed pursuant to this…
- § 1022 An affidavit or verified petition shall be received as evidence when offered in an uncontested proceeding under this code.
- § 1023 If a petitioner, objector, or respondent is absent from the county or for some other cause is unable to sign or verify a petition, objection, or response filed…
CHAPTER 3. Hearings and Orders §§ 1040–1051 · 12 sections
- § 1040 This chapter governs the hearing of all matters under this code, except where the statute that provides for the hearing of the matter prescribes a different…
- § 1041 When a petition, report, account, or other matter that requires a hearing is filed with the court clerk, the clerk shall set the matter for hearing.
- § 1042 A hearing under this code shall be on notice unless the statute that provides for the hearing dispenses with notice.
- § 1043 (a) An interested person may appear and make a response or objection in writing at or before the hearing. (b) An interested person may appear and make a…
- § 1044 The petitioner or other party affirming is the plaintiff and the party objecting or responding is the defendant.
- § 1045 The court may continue or postpone any hearing, from time to time, in the interest of justice.
- § 1046 The court shall hear and determine any matter at issue and any response or objection presented, consider evidence presented, and make appropriate orders.
- § 1047 Except as otherwise provided in this code, an order made in a proceeding under this code need not recite the existence of facts, or the performance of acts,…
- § 1048 (a) Except as provided in subdivision (b), orders shall be either entered at length in the minute book of the court or signed by the judge and filed. (b) An…
- § 1049 An order may be enforced as provided in Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure.
- § 1050 The judgment roll in a proceeding under this code consists of the following papers, where applicable: (a) In all cases: (1) The petition, application, report,…
- § 1051 (a) In the absence of a stipulation to the contrary between parties who have filed pleadings in a proceeding under this code, there shall be no ex parte…
CHAPTER 4. Accounts §§ 1060–1064 · 6 sections
- § 1060 This chapter governs all accounts to be filed with the court. Except as specifically provided elsewhere in this code, or unless good cause is shown therefore,…
- § 1060.5 This chapter shall be operative on and after July 1, 1997.
- § 1061 (a) All accounts shall state the period covered by the account and contain a summary showing all of the following, to the extent applicable: (1) The property…
- § 1062 The summary shall be supported by detailed schedules showing the following: (a) Receipts, showing the nature or purpose of each item, the source of the…
- § 1063 (a) In all accounts, there shall be an additional schedule showing the estimated market value of the assets on hand as of the end of the accounting period, and…
- § 1064 (a) The petition for approval of the account or a report accompanying the petition shall contain all of the following: (1) A description of all sales,…
PART 2. NOTICES AND CITATIONS §§ 1200–1266 · 33 sections
CHAPTER 1. General Notice Provisions §§ 1200–1214 · 15 sections
- § 1200 (a) Except as otherwise provided in this code, this part governs notice required or permitted under this code. (b) This part does not apply to notice under a…
- § 1201 If a person is required to give notice, the person required to give the notice need not give the notice to himself or herself or to any other person who joins…
- § 1202 Where the court determines that the notice otherwise required is insufficient in the particular circumstances, the court may require that further or additional…
- § 1203 (a) Subject to subdivision (b), unless the particular provision governing the notice of hearing provides that the time for giving notice may not be shortened,…
- § 1204 A person, including a guardian ad litem, guardian, conservator, trustee, or other fiduciary, may waive notice by a writing signed by the person or the person’s…
- § 1205 If a hearing is continued or postponed, no further notice of the continued or postponed hearing is required unless ordered by the court.
- § 1206 (a) Subject to subdivision (b), where notice is required to be given to known heirs or known devisees, notice shall be given to the following persons: (1) If…
- § 1207 (a) Subject to subdivision (b), where notice is required to be given to a decedent’s beneficiaries, devisees, or heirs, notice need not be given to a person…
- § 1208 (a) Except as provided in subdivision (b), if notice is required to be given to a trust or trustee, notice to trust beneficiaries is not required. (b) Subject…
- § 1209 (a) If notice is required to be given to the State of California, the notice shall be given to the Attorney General. (b) If notice is required to be given to…
- § 1210 If an interested person has a guardian or conservator of the estate who resides in this state, personal service on the guardian or conservator of any process,…
- § 1211 If a notice is required by this code and no other type of notice is prescribed by law, by the Judicial Council, or by the court or judge, the notice shall be…
- § 1212 Unless the court dispenses with the notice, if the address of the person to whom a notice or other paper is required to be delivered pursuant to Section 1215…
- § 1213 (a) The following persons shall deliver pursuant to Section 1215 a notice, as described in Section 1211, to a surety who has filed a court bond in a…
- § 1214 If a notice or other paper is required or permitted to be served or delivered pursuant to Section 1215 to a person who is represented by an attorney of record,…
CHAPTER 2. Mailing in General §§ 1215–1217 · 2 sections
- § 1215 Unless otherwise expressly provided, a notice or other paper that is required or permitted to be delivered to a person shall be delivered pursuant to one of…
- § 1217 If a notice or other paper is required to be served or otherwise given and no other manner of giving the notice or other paper is specified by statute, the…
CHAPTER 3. Mailing Notice of Hearing §§ 1220–1221 · 2 sections
- § 1220 (a) If notice of hearing is required to be given as provided in this section: (1) At least 15 days before the time set for the hearing, the petitioner or the…
- § 1221 Where notice of hearing is required but no other period or manner is prescribed by statute, unless the period or manner of giving the notice is ordered by the…
CHAPTER 4. Posting Notice of Hearing § 1230 · 1 section
- § 1230 Where notice of hearing is required to be posted as provided in this section: (a) At least 15 days before the time set for the hearing, the court clerk shall…
CHAPTER 5. Citations §§ 1240–1242 · 3 sections
- § 1240 Where use of a citation is authorized or required by statute, a citation may be issued by the court clerk on the application of any party, without a court…
- § 1241 The citation shall be directed to the person to be cited, signed by the court clerk, and issued under the seal of the court. The citation shall contain the…
- § 1242 The citation shall be served on the person cited in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil…
CHAPTER 6. Request for Special Notice §§ 1250–1252 · 3 sections
- § 1250 (a) At any time after the issuance of letters in a proceeding under this code for the administration of a decedent’s estate, any person interested in the…
- § 1251 A request for special notice under this chapter may be modified or withdrawn in the same manner as provided for the making of the initial request.
- § 1252 (a) Unless the court makes an order dispensing with the notice, if a request has been made pursuant to Section 1250 for special notice of a hearing, the person…
CHAPTER 7. Proof of Giving Notice §§ 1260–1266 · 7 sections
- § 1260 (a) If notice of a hearing is required, proof of giving notice of the hearing shall be made to the satisfaction of the court at or before the hearing. (b) If…
- § 1261 Proof of mailing may be made in the manner prescribed in Section 1013a of the Code of Civil Procedure.
- § 1262 Proof of publication may be made by the affidavit of the publisher or printer, or the foreman or principal clerk of the publisher or printer, showing the time…
- § 1263 Proof of posting may be made by the affidavit of the person who posted the notice.
- § 1264 Proof of notice by personal delivery may be made by the affidavit of the person making the delivery showing the time and place of delivery and the name of the…
- § 1265 Proof of electronic delivery may be made in the manner prescribed in Section 1013b of the Code of Civil Procedure.
- § 1266 Proof of notice, however given, may be made by evidence presented at the hearing.
PART 3. APPEALS §§ 1300–1312 · 10 sections
CHAPTER 1. General §§ 1300–1304 · 7 sections
- § 1300 In all proceedings governed by this code, an appeal may be taken from the making of, or the refusal to make, any of the following orders: (a) Directing,…
- § 1301 With respect to guardianships, conservatorships, and other protective proceedings, the grant or refusal to grant the following orders is appealable: (a)…
- § 1301.5 The following rules apply with respect to the California Conservatorship Jurisdiction Act (Chapter 8 (commencing with Section 1980) of Part 3 of Division 4):…
- § 1302 With respect to a power of attorney governed by the Power of Attorney Law (Division 4.5 (commencing with Section 4000)), an appeal may be taken from any of the…
- § 1302.5 With respect to an advance health care directive governed by the Health Care Decisions Law (Division 4.7 (commencing with Section 4600)), an appeal may be…
- § 1303 With respect to a decedent’s estate, the grant or refusal to grant the following orders is appealable: (a) Granting or revoking letters to a personal…
- § 1304 With respect to a trust, the grant or denial of the following orders is appealable: (a) Any final order under Chapter 3 (commencing with Section 17200) of Part…
CHAPTER 2. Effect of an Appeal §§ 1310–1312 · 3 sections
- § 1310 (a) Except as provided in subdivisions (b), (c), (d), and (e), an appeal pursuant to Chapter 1 (commencing with Section 1300) stays the operation and effect of…
- § 1311 If an order appointing a fiduciary is reversed on appeal for error, all acts of the fiduciary performed after issuance of letters and prior to the reversal are…
- § 1312 Notwithstanding the repeal of former Section 1297 by Chapter 1199 of the Statutes of 1988, an appeal may be taken from an order or the refusal to make an order…