California Commercial Code. California
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Название: California Commercial Code
Автор: California
Издательство: Проспект
Жанр: Юриспруденция, право
isbn: 9785392105366
isbn:
Article 4. Proceedings in Case of Absence of Judge
139. If no judge attends on the day appointed for the holding or sitting of a court, or on the day to which it may have been adjourned, within one hour after the time appointed, the sheriff, marshal, or clerk shall adjourn the same until the next day, at 10 o' clock a.m., and if no judge attend on that day, before noon, the sheriff, marshal, or clerk shall adjourn the same until the following day at the same hour; and so on, from day to day unless the judge, by written order, directs it to be adjourned to some day certain, fixed in said order, in which case it shall be so adjourned.
Article 6. Seals of Courts
153. Except as otherwise expressly provided by law, the seal of a court need not be affixed to any proceeding therein, or to any document, except to the following:
(a) A writ.
(b) A summons.
(c) A warrant of arrest.
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.
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.
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.
167. Any act required or permitted to be performed by the clerk of a court may be performed by a judge thereof.
CHAPTER 3
DISQUALIFICATIONS OF JUDGES
170. A judge has a duty to decide any proceeding in which he or she is not disqualified.
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) (A) For any reason:
(i) The judge believes his or her recusal would further the interests of justice.
(ii) The judge believes there is a substantial doubt as to his or her capacity to be impartial.
(iii) A person aware of the facts might reasonably entertain a doubt that the judge would be able to be impartial.
(B) Bias or prejudice toward a lawyer in the proceeding may be grounds for disqualification.
(7) СКАЧАТЬ