California Code of Civil Procedure. California

Чтение книги онлайн.

СКАЧАТЬ Ch. 742.)

      31. The Penal Code defines and provides for the prosecution of a criminal action.

      (Enacted 1872.)

      32. When the violation of a right admits of both a civil and criminal remedy, the right to prosecute the one is not merged in the other.

      (Enacted 1872.)

      32.5. The “jurisdictional classification” of a case means its classification as a limited civil case or an unlimited civil case.

      (Amended by Stats. 2002, Ch. 784, Sec. 22. Effective January 1, 2003.)

      33. A prosecuting attorney, in his or her discretion, may assist in the civil resolution of a violation of an offense described in Title 13 (commencing with Section 450) of Part 1 of the Penal Code in lieu of filing a criminal complaint.

      (Added by Stats. 1982, Ch. 1518, Sec. 1.)

      34. An electronic signature, as defined in Section 17, by a court or judicial officer shall be as effective as an original signature.

      (Added by Stats. 2015, Ch. 32, Sec. 2. Effective January 1, 2016.)

      PART 1. OF COURTS OF JUSTICE

      TITLE 1. ORGANIZATION AND JURISDICTION

      CHAPTER 1.

      COURTS OF JUSTICE IN GENERAL

      35. Proceedings in cases involving the registration or denial of registration of voters, the certification or denial of certification of candidates, the certification or denial of certification of ballot measures, and election contests shall be placed on the calendar in the order of their date of filing and shall be given precedence.

      (Added by Stats. 1971, Ch. 980.)

      36. (a) A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings:

      (1) The party has a substantial interest in the action as a whole.

      (2) The health of the party is such that a preference is necessary to prevent prejudicing the party’s interest in the litigation.

      (b) A civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole. A civil action subject to subdivision (a) shall be given preference over a case subject to this subdivision.

      (c) Unless the court otherwise orders:

      (1) A party may file and serve a motion for preference supported by a declaration of the moving party that all essential parties have been served with process or have appeared.

      (2) At any time during the pendency of the action, a party who reaches 70 years of age may file and serve a motion for preference.

      (d) In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference.

      (e) Notwithstanding any other provision of law, the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by granting this preference.

      (f) Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motion for preference except for physical disability of a party or a party’s attorney, or upon a showing of good cause stated in the record. Any continuance shall be for no more than 15 days and no more than one continuance for physical disability may be granted to any party.

      (g) Upon the granting of a motion for preference pursuant to subdivision (b), a party in an action based upon a health provider’s alleged professional negligence, as defined in Section 364, shall receive a trial date not sooner than six months and not later than nine months from the date that the motion is granted.

      (Amended by Stats. 2008, Ch. 218, Sec. 1. Effective January 1, 2009.)

      36.5. An affidavit submitted in support of a motion for preference under subdivision (a) of Section 36 may be signed by the attorney for the party seeking preference based upon information and belief as to the medical diagnosis and prognosis of any party. The affidavit is not admissible for any purpose other than a motion for preference under subdivision (a) of Section 36.

      (Added by Stats. 1990, Ch. 1232, Sec. 1.)

      37. (a) A civil action shall be entitled to preference, if the action is one in which the plaintiff is seeking damages which were alleged to have been caused by the defendant during the commission of a felony offense for which the defendant has been criminally convicted.

      (b) The court shall endeavor to try the action within 120 days of the grant of preference.

      38. Unless the provision or context otherwise requires, a reference in a statute to a judicial district means:

      (a) As it relates to a court of appeal, the court of appeal district.

      (b) As it relates to a superior court, the county.

      (c) As it relates to a municipal court, the municipal court district.

      (d) As it relates to a county in which there is no municipal court, the county.

      (Added by Stats. 1998, Ch. 931, Sec. 20. Effective September 28, 1998.)

      CHAPTER 3.

      Supreme Court

      41. The Supreme Court and the courts of appeal may transact business at any time.

      (Added by renumbering Section 61.4 by Stats. 1967, Ch. 17.)

      42. Adjournments from day to day, or from time to time, are to be construed as recesses in the sessions, and shall not prevent the Supreme Court or the courts of appeal from sitting at any time.

      (Added by renumbering Section 48 by Stats. 1967, Ch. 17.)

      43. The Supreme Court, and the courts of appeal, may affirm, reverse, or modify any judgment or order appealed from, and may direct the proper judgment or order to be entered, or direct a new trial or further proceedings to be had. In giving its decision, if a new trial be granted, the court shall pass upon and determine all the questions of law involved in the case, presented upon such appeal, and necessary to the final determination of the case. Its judgment in appealed cases shall be remitted to the court from which the appeal was taken.

      (Added by renumbering Section 53 by Stats. 1967, Ch. 17.)

      44. Appeals in probate proceedings, in contested election cases, and in actions for libel or slander СКАЧАТЬ