PART 1. GENERAL PROVISIONS [1000. - 1064.]
Part 1 enacted by Stats. 1990, Ch. 79.
§§ 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,…