California Code of Civil Procedure. California
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Название: California Code of Civil Procedure

Автор: California

Издательство: Проспект

Жанр: Юриспруденция, право

Серия:

isbn: 9785392105359

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СКАЧАТЬ cousin or the spouse of any such person. However, a gift from any of those persons shall be considered a gift if the donor is acting as an agent or intermediary for a person not covered by this paragraph.

      (4) Campaign contributions required to be reported under Chapter 4 (commencing with Section 84100) of Title 9 of the Government Code.

      (5) Any devise or inheritance.

      (6) Personalized plaques and trophies with an individual value of less than two hundred fifty dollars ($250).

      (7) Admission to events hosted by state or local bar associations or judges professional associations, and provision of related food and beverages at those events, when attendance does not require “travel,” as described in paragraph (3) of subdivision (e).

      (m) The Commission on Judicial Performance shall enforce the prohibitions of this section with regard to judges of the superior courts and justices of the courts of appeal and the Supreme Court. With regard to subordinate judicial officers, consistent with Section 18.1 of Article VI of the California Constitution, the court employing the subordinate judicial officer shall exercise initial jurisdiction to enforce the prohibitions of this section, and the Commission on Judicial Performance shall exercise discretionary jurisdiction with respect to the enforcement of the prohibitions of this section.

      (Amended by Stats. 2011, Ch. 296, Sec. 36. Effective January 1, 2012.)

      CHAPTER 4.

      Incidental Powers and Duties of Judicial Officers

      177. Every judicial officer shall have power:

      1. To preserve and enforce order in his immediate presence, and in proceedings before him, when he is engaged in the performance of official duty;

      2. To compel obedience to his lawful orders as provided in this Code;

      3. To compel the attendance of persons to testify in a proceeding before him, in the cases and manner provided in this Code;

      4. To administer oaths to persons in a proceeding pending before him, and in all other cases where it may be necessary in the exercise of his powers and duties.

      (Repealed and added by Code Amendments 1880, Ch. 35.)

      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 provision of law, payable to the court, for any violation of a lawful court order by a person, done without good cause or substantial justification. This power shall not apply to advocacy of counsel before the court. For the purposes of this section, the term “person” includes a witness, a party, a party’s attorney, or both.

      Sanctions pursuant to this section shall not be imposed except on notice contained in a party’s moving or responding papers; or on the court’s own motion, after notice and opportunity to be heard. An order imposing sanctions shall be in writing and shall recite in detail the conduct or circumstances justifying the order.

      (Amended by Stats. 2005, Ch. 75, Sec. 27. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)

      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.

      (Repealed and added by Code Amendments 1880, Ch. 35.)

      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 and certify:

      (a) The proof and acknowledgment of a conveyance of real property, or of any other written instrument.

      (b) The acknowledgment of satisfaction of a judgment of any court.

      (c) An affidavit or deposition to be used in this state.

      (Amended by Stats. 2003, Ch. 62, Sec. 23. Effective January 1, 2004.)

      CHAPTER 5.

      Miscellaneous Provisions Respecting Courts of Justice

      182. The heading to this chapter shall not be deemed to govern or limit the scope or meaning of this chapter.

      (Added by Stats. 1955, Ch. 59.)

      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 judges or justices thereof.

      (Amended by Stats. 1933, Ch. 743.)

      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 published in no other. Nothing in this section shall prohibit a court from providing an unofficial translation of a court order issued pursuant to Section 527.6 or 527.8 of the Code of Civil Procedure, or Part 1 (commencing with Section 6200) of Division 10 of the Family Code, or Section 136.2 of the Penal Code, in a language other than English.

      (b) The Judicial Council shall, by July 1, 2001, make available to all courts, translations of domestic violence protective order forms in languages other than English, as the Judicial Council deems appropriate, for protective orders issued pursuant to Section 527.6 or 527.8 of the Code of Civil Procedure, or Part 1 (commencing with Section 6200) of Division 10 of the Family Code, or Section 136.2 of the Penal Code.

      (Amended by Stats. 1999, Ch. 662, Sec. 1. Effective January 1, 2000.)

      186. Such abbreviations as are in common use may be used, and numbers may be expressed by figures or numerals in the customary manner.

      (Repealed and added by Code Amendments 1880, Ch. 35.)

      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 into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this Code.

      (Repealed and added by Code Amendments 1880, Ch. 35.)

      TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE

      CHAPTER 1.

      Trial Jury Selection and Management Act

      190. This chapter shall be known and may be cited as the Trial Jury Selection and Management Act.

      (Repealed and added by Stats. 1988, Ch. 1245, Sec. 2.)

      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 the State of California that all persons selected for jury service shall be selected at random from the population of the area served by the court; that all qualified persons have an equal opportunity, in accordance with this chapter, to be considered for jury service in the state and an obligation to serve as jurors when summoned for that purpose; and that СКАЧАТЬ