California Code of Civil Procedure. California

Чтение книги онлайн.

СКАЧАТЬ That it is not in the best interest of the child to be returned to the child’s, or his or her parent’s, previous country of nationality or country of last habitual residence.

      (2) If requested by a party, the court may make additional findings that are supported by evidence.

      (c) In any judicial proceedings in response to a request that the superior court make the findings necessary to support a petition for classification as a special immigrant juvenile, information regarding the child’s immigration status that is not otherwise protected by state confidentiality laws shall remain confidential and shall be available for inspection only by the court, the child who is the subject of the proceeding, the parties, the attorneys for the parties, the child’s counsel, and the child’s guardian.

      (d) In any judicial proceedings in response to a request that the superior court make the findings necessary to support a petition for classification as a special immigrant juvenile, records of the proceedings that are not otherwise protected by state confidentiality laws may be sealed using the procedure set forth in California Rules of Court 2.550 and 2.551.

      (e) The Judicial Council shall adopt any rules and forms needed to implement this section.

      (Added by Stats. 2014, Ch. 685, Sec. 1. Effective September 27, 2014.)

      TITLE 2. JUDICIAL OFFICERS

      CHAPTER 2.

      Powers of Judges at Chambers

      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 first instance upon an ex parte application, except writs of mandamus, certiorari, and prohibition; and may, in their discretion, hear applications to discharge such orders and writs.

      (Amended by Stats. 1967, Ch. 17.)

      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 application, and hear and dispose of those orders and writs, appoint referees, require and receive inventories and accounts to be filed, order notice of settlement of supplemental accounts, suspend the powers of personal representatives, guardians, or conservators in the cases allowed by law, appoint special administrators, grant letters of temporary guardianship or conservatorship, approve or reject claims, and direct the issuance from the court of all writs and process necessary in the exercise of their powers in matters of probate.

      (2) Hear and determine all motions made pursuant to Section 657 or 663.

      (3) Hear and determine all uncontested actions, proceedings, demurrers, motions, petitions, applications, and other matters pending before the court other than actions for dissolution of marriage, for legal separation, or for a judgment of nullity of the marriage, and except also applications for confirmation of sale of real property in probate proceedings.

      (4) Hear and determine motions to tax costs of enforcing a judgment.

      (5) Approve bonds and undertakings.

      (b) A judge may, out of court, anywhere in the state, exercise all the powers and perform all the functions and duties conferred upon a judge as contradistinguished from the court, or that a judge may exercise or perform in chambers.

      (Amended by Stats. 2002, Ch. 784, Sec. 34. Effective January 1, 2003.)

      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 is a controlling question of law as to which there are substantial grounds for difference of opinion, appellate resolution of which may materially advance the conclusion of the litigation. Neither the denial of a request for, nor the objection of another party or counsel to, such a commentary in the interlocutory order, may be grounds for a writ or appeal.

      (Added by Stats. 2002, Ch. 708, Sec. 1. Effective January 1, 2003.)

      167. Any act required or permitted to be performed by the clerk of a court may be performed by a judge thereof.

      (Amended by Stats. 1989, Ch. 1417, Sec. 1.)

      CHAPTER 3.

      Disqualifications of Judges

      170. A judge has a duty to decide any proceeding in which he or she is not disqualified.

      (Repealed and added by Stats. 1984, Ch. 1555, Sec. 2.)

      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 concerning the proceeding.

      (B) A judge shall be deemed to have personal knowledge within the meaning of this paragraph if the judge, or the spouse of the judge, or a person within the third degree of relationship to either of them, or the spouse of such a person is to the judge’s knowledge likely to be a material witness in the proceeding.

      (2) (A) The judge served as a lawyer in the proceeding, or in any other proceeding involving the same issues he or she served as a lawyer for a party in the present proceeding or gave advice to a party in the present proceeding upon a matter involved in the action or proceeding.

      (B) A judge shall be deemed to have served as a lawyer in the proceeding if within the past two years:

      (i) A party to the proceeding, or an officer, director, or trustee of a party, was a client of the judge when the judge was in the private practice of law or a client of a lawyer with whom the judge was associated in the private practice of law.

      (ii) A lawyer in the proceeding was associated in the private practice of law with the judge.

      (C) A judge who served as a lawyer for, or officer of, a public agency that is a party to the proceeding shall be deemed to have served as a lawyer in the proceeding if he or she personally advised or in any way represented the public agency concerning the factual or legal issues in the proceeding.

      (3) (A) The judge has a financial interest in the subject matter in a proceeding or in a party to the proceeding.

      (B) A judge shall be deemed to have a financial interest within the meaning of this paragraph if:

      (i) A spouse or minor child living in the household has a financial interest.

      (ii) The judge or the spouse of the judge is a fiduciary who has a financial interest.

      (C) A judge has a duty to make reasonable efforts to inform himself or herself about his or her personal and fiduciary interests and those of his or her spouse and the personal financial interests of children living in the household.

      (4) The judge, or the spouse of the judge, or a person within the third degree of relationship to either of them, or the spouse of such a person is a party to the proceeding or an officer, director, or trustee of a party.

      (5) A lawyer or a spouse of a lawyer in the proceeding is the spouse, former spouse, child, sibling, or parent of the judge or the judge’s spouse or if such a person is associated in the private practice of law with a lawyer in the proceeding.

      (6) СКАЧАТЬ