reglab/statecodes huggingface dataset:
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 13 - INSPECTION WARRANTS › Section 1822.59.

1822.59. (a) Notwithstanding the provisions of Section 1822.54, for purposes of an animal or plant pest or disease eradication effort pursuant to Division 4 (commencing with Section 5001) or Division 5 (commencing with Section 9101) of the Food and Agricultural Code, the judge may issue a warrant under the requirements of this title describing a specified geographic area to be inspected by authorized personnel of the Department of Food and Agriculture.
(b) A warrant issued pursuant to this section may only authorize the inspection of the exterior of places, dwellings, structures, premises or vehicles, and only in areas urban in character. The warrant shall state the geographical area which it covers and the purpose of and limitations on the inspection.
(c) A warrant may be issued pursuant to this section whether or not the property owners in the area have refused to consent to the inspection. A peace officer may use reasonable force to enter a property to be inspected if so authorized by the warrant.
(Added by Stats. 1984, Ch. 476, Sec. 4.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 13 - INSPECTION WARRANTS › Section 1822.60.

1822.60. A warrant may be issued under the requirements of this title to authorize personnel of the Department of Justice to conduct inspections as provided in subdivision (a) of Section 19827 of the Business and Professions Code.
(Amended by Stats. 2007, Ch. 176, Sec. 51. Effective August 24, 2007.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 1 - OF THE GENERAL PRINCIPLES OF EVIDENCE › Section 1855.

1855. When any map which has been recorded in the office of the recorder of any county is injured, destroyed, lost, or stolen, any person interested may file in the superior court of the county in which the map was originally filed or recorded a verified petition in writing alleging that the map has been injured, destroyed, lost, or stolen without fault of the person making the application, and that the petitioner has a true and correct copy of the original map which he or she offers for record in the place of the original map. The petition shall be accompanied by a copy of the true copy offered for recording.
Upon the filing of the petition the clerk shall set it for hearing by the court, and give notice of the hearing by causing notice of the time and place of the hearing to be posted at the courthouse in the county where the court is held at least 10 days prior to the hearing. A copy of the petition and a copy of the true copy offered for record shall be served upon the recorder of the county in which the proceedings are brought at least 10 days prior to the hearing. The court may order any further notice to be given as it deems proper. At the time set for the hearing the court shall take evidence for and against the petition, and if it appears to the court from the evidence presented that the copy of the map submitted is a true copy of the original map, it shall decree that the copy is a true copy of the original map, and order the copy placed of record in the office of the recorder in the place of the original map.
A certified copy of the decree shall accompany the true copy of the map for record. When presented to the county recorder for record, he or she shall place of record the copy of the map in the place of the original map.
When placed of record the copy shall have the same effect as the original map, and conveyances of property referring to the original map shall have the same effect as though the original map had not been injured, destroyed, lost, or stolen, and conveyances thereafter made referring to the copy of the original map shall be deemed to refer also to the original map.
(Added by renumbering Section 1855b by Stats. 1987, Ch. 56, Sec. 23.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 1 - OF THE GENERAL PRINCIPLES OF EVIDENCE › Section 1856.

1856. (a) Terms set forth in a writing intended by the parties as a final expression of their agreement with respect to the terms included therein may not be contradicted by evidence of a prior agreement or of a contemporaneous oral agreement.
(b) The terms set forth in a writing described in subdivision (a) may be explained or supplemented by evidence of consistent additional terms unless the writing is intended also as a complete and exclusive statement of the terms of the agreement.
(c) The terms set forth in a writing described in subdivision (a) may be explained or supplemented by course of dealing or usage of trade or by course of performance.
(d) The court shall determine whether the writing is intended by the parties as a final expression of their agreement with respect to the terms included therein and whether the writing is intended also as a complete and exclusive statement of the terms of the agreement.
(e) Where a mistake or imperfection of the writing is put in issue by the pleadings, this section does not exclude evidence relevant to that issue.
(f) Where the validity of the agreement is the fact in dispute, this section does not exclude evidence relevant to that issue.
(g) This section does not exclude other evidence of the circumstances under which the agreement was made or to which it relates, as defined in Section 1860, or to explain an extrinsic ambiguity or otherwise interpret the terms of the agreement, or to establish illegality or fraud.
(h) As used in this section, “agreement” includes trust instruments, deeds, wills, and contracts between parties.
(Amended by Stats. 2013, Ch. 81, Sec. 1. (AB 824) Effective January 1, 2014.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 1 - OF THE GENERAL PRINCIPLES OF EVIDENCE › Section 1858.

1858. In the construction of a statute or instrument, the office of the Judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 1 - OF THE GENERAL PRINCIPLES OF EVIDENCE › Section 1859.

1859. In the construction of a statute the intention of the Legislature, and in the construction of the instrument the intention of the parties, is to be pursued, if possible; and when a general and particular provision are inconsistent, the latter is paramount to the former. So a particular intent will control a general one that is inconsistent with it.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 1 - OF THE GENERAL PRINCIPLES OF EVIDENCE › Section 1860.

1860. For the proper construction of an instrument, the circumstances under which it was made, including the situation of the subject of the instrument, and of the parties to it, may also be shown, so that the Judge be placed in the position of those whose language he is to interpret.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 1 - OF THE GENERAL PRINCIPLES OF EVIDENCE › Section 1861.

1861. The terms of a writing are presumed to have been used in their primary and general acceptation, but evidence is nevertheless admissible that they have a local, technical, or otherwise peculiar signification, and were so used and understood in the particular instance, in which case the agreement must be construed accordingly.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 1 - OF THE GENERAL PRINCIPLES OF EVIDENCE › Section 1864.

1864. When the terms of an agreement have been intended in a different sense by the different parties to it, that sense is to prevail against either party in which he supposed the other understood it, and when different constructions of a provision are otherwise equally proper, that is to be taken which is most favorable to the party in whose favor the provision was made.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 1 - OF THE GENERAL PRINCIPLES OF EVIDENCE › Section 1865.

1865. A written notice, as well as every other writing, is to be construed according to the ordinary acceptation of its terms. Thus a notice to the drawers or indorsers of a bill of exchange or promissory note, that it has been protested for want of acceptance or payment, must be held to import that the same has been duly presented for acceptance or payment and the same refused, and that the holder looks for payment to the person to whom the notice is given.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 2 - Witnesses › Section 1878.

1878. A witness is a person whose declaration under oath is received as evidence for any purpose, whether such declaration be made on oral examination, or by deposition or affidavit.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 2 - Public Writings › Section 1896.

1896. A written law is that which is promulgated in writing, and of which a record is in existence.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 2 - Public Writings › Section 1897.

1897. The organic law is the Constitution of Government, and is altogether written. Other written laws are denominated statutes. The written law of this State is therefore contained in its Constitution and statutes, and in the Constitution and statutes of the United States.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 2 - Public Writings › Section 1898.

1898. Statutes are public or private. A private statute is one which concerns only certain designated individuals, and affects only their private rights. All other statutes are public, in which are included statutes creating or affecting corporations.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 2 - Public Writings › Section 1899.

1899. Unwritten law is the law not promulgated and recorded, as mentioned in Section 1896, but which is, nevertheless, observed and administered in the Courts of the country. It has no certain repository, but is collected from the reports of the decisions of the Courts, and the treatises of learned men.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 2 - Public Writings › Section 1904.

1904. A judicial record is the record or official entry of the proceedings in a Court of justice, or of the official act of a judicial officer, in an action or special proceeding.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 2 - Public Writings › Section 1908.

1908. (a) The effect of a judgment or final order in an action or special proceeding before a court or judge of this state, or of the United States, having jurisdiction to pronounce the judgment or order, is as follows:
(1) In case of a judgment or order against a specific thing, or in respect to the probate of a will, or the administration of the estate of a decedent, or in respect to the personal, political, or legal condition or relation of a particular person, the judgment or order is conclusive upon the title to the thing, the will, or administration, or the condition or relation of the person.
(2) In other cases, the judgment or order is, in respect to the matter directly adjudged, conclusive between the parties and their successors in interest by title subsequent to the commencement of the action or special proceeding, litigating for the same thing under the same title and in the same capacity, provided they have notice, actual or constructive, of the pendency of the action or proceeding.
(b) A person who is not a party but who controls an action, individually or in cooperation with others, is bound by the adjudications of litigated matters as if he were a party if he has a proprietary or financial interest in the judgment or in the determination of a question of fact or of a question of law with reference to the same subject matter or transaction; if the other party has notice of his participation, the other party is equally bound.
At any time prior to a final judgment, as defined in Section 577, a determination of whether the judgment, verdict upon which it was entered, or a finding upon which it was entered is to be binding upon a nonparty pursuant to this subdivision or whether such nonparty is entitled to the benefit of this subdivision may, on the noticed motion of any party or any nonparty that may be affected by this subdivision, be made in the court in which the action was tried or in which the action is pending on appeal. If no such motion is made before the judgment becomes final, the determination may be made in a separate action. If appropriate, a judgment may be entered or ordered to be entered pursuant to such determination.
(Amended by Stats. 1975, Ch. 225.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 2 - Public Writings › Section 1908.5.

1908.5. When a judgment or order of a court is conclusive, the judgment or order must be alleged in the pleadings if there be an opportunity to do so; if there be no such opportunity, the judgment or order may be used as evidence.
(Added by Stats. 1965, Ch. 299.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 2 - Public Writings › Section 1909.

1909. Other judicial orders of a Court or Judge of this State, or of the United States, create a disputable presumption, according to the matter directly determined, between the same parties and their representatives and successors in interest by title subsequent to the commencement of the action or special proceeding, litigating for the same thing under the same title and in the same capacity.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 2 - Public Writings › Section 1910.

1910. The parties are deemed to be the same when those between whom the evidence is offered were on opposite sides in the former case, and a judgment or other determination could in that case have been made between them alone, though other parties were joined with both or either.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 2 - Public Writings › Section 1911.

1911. That only is deemed to have been adjudged in a former judgment which appears upon its face to have been so adjudged, or which was actually and necessarily included therein or necessary thereto.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 2 - Public Writings › Section 1912.

1912. Whenever, pursuant to the last four sections, a party is bound by a record, and such party stands in the relation of a surety for another, the latter is also bound from the time that he has notice of the action or proceeding, and an opportunity at the surety’s request to join in the defense.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 2 - Public Writings › Section 1913.

1913. (a) Subject to subdivision (b), the effect of a judicial record of a sister state is the same in this state as in the state where it was made, except that it can only be enforced in this state by an action or special proceeding.
(b) The authority of a guardian, conservator, or committee, or of a personal representative, does not extend beyond the jurisdiction of the government under which that person was invested with authority, except to the extent expressly authorized by Article 4 (commencing with Section 2011) of Chapter 8 of Part 3 of Division 4 of the Probate Code or another statute.
(Amended by Stats. 2014, Ch. 553, Sec. 1. (SB 940) Effective January 1, 2015. Operative January 1, 2016, by Stats. 2014, Ch. 553, Sec. 29.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 2 - Public Writings › Section 1914.

1914. The effect of the judicial record of a Court of admiralty of a foreign country is the same as if it were the record of a Court of admiralty of the United States.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 2 - Public Writings › Section 1916.

1916. Any judicial record may be impeached by evidence of a want of jurisdiction in the Court or judicial officer, of collusion between the parties, or of fraud in the party offering the record, in respect to the proceedings.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 2 - Public Writings › Section 1917.

1917. The jurisdiction sufficient to sustain a record is jurisdiction over the cause, over the parties, and over the thing, when a specific thing is the subject of the judgment.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 3 - Private Writings › Section 1929.

1929. Private writings are either:
1. Sealed; or,
2. Unsealed.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 3 - Private Writings › Section 1930.

1930. A seal is a particular sign, made to attest, in the most formal manner, the execution of an instrument.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 3 - Private Writings › Section [1931.].

[1931.] Section Nineteen Hundred and Thirty-one. A public seal in this State is a stamp or impression made by a public officer with an instrument provided by law, to attest the execution of an official or public document, upon the paper, or upon any substance attached to the paper, which is capable of receiving a visible impression. A private seal may be made in the same manner by any instrument, or it may be made by the scroll of a pen, or by writing the word “seal” against the signature of the writer. A scroll or other sign, made in a sister State or foreign country, and there recognized as a seal, must be so regarded in this State.
(Amended by Code Amendments 1873-74, Ch. 383.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 3 - Private Writings › Section [1932.].

[1932.] Section Nineteen Hundred and Thirty-two. There shall be no difference hereafter, in this State, between sealed and unsealed writings. A writing under seal may therefore be changed, or altogether discharged by a writing not under seal.
(Amended by Code Amendments 1873-74, Ch. 383.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 3 - Private Writings › Section 1933.

1933. The execution of an instrument is the subscribing and delivering it, with or without affixing a seal.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 3 - Private Writings › Section 1934.

1934. An agreement, in writing, without a seal, for the compromise or settlement of a debt, is as obligatory as if a seal were affixed.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 3 - Private Writings › Section 1935.

1935. A subscribing witness is one who sees a writing executed or hears it acknowledged, and at the request of the party thereupon signs his name as a witness.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 3 - Private Writings › Section [1950.].

[1950.] Section Nineteen Hundred and Fifty. The record of a conveyance of real property, or any other record, a transcript of which is admissible in evidence, must not be removed from the office where it is kept, except upon the order of a Court, in cases where the inspection of the record is shown to be essential to the just determination of the cause or proceeding pending, or where the Court is held in the same building with such office.
(Amended by Code Amendments 1873-74, Ch. 383.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 3 - Private Writings › Section 1952.

1952. (a) The clerk shall retain in his or her custody any exhibit, deposition, or administrative record introduced in the trial of a civil action or proceeding or filed in the action or proceeding until the final determination thereof or the dismissal of the action or proceeding, except that the court may order the exhibit, deposition, or administrative record returned to the respective party or parties at any time upon oral stipulation in open court or by written stipulation by the parties or for good cause shown.
(b) No exhibit or deposition shall be ordered destroyed or otherwise disposed of pursuant to this section where a party to the action or proceeding files a written notice with the court requesting the preservation of any exhibit, deposition, or administrative record for a stated time, but not to exceed one year.
(c) Upon the conclusion of the trial of a civil action or proceeding at which any exhibit or deposition has been introduced, the court shall order that the exhibit or deposition be destroyed or otherwise disposed of by the clerk. The operative destruction or disposition date shall be 60 days following final determination of the action or proceeding. Final determination includes final determination on appeal. Written notice of the order shall be sent by first-class mail to the parties by the clerk.
(d) Upon the conclusion of any posttrial hearing at which any exhibit, deposition, or administrative record has been introduced, the court shall order that the exhibit or deposition be destroyed or otherwise disposed of by the clerk. The operative date of destruction or disposition shall be 60 days following the conclusion of the hearing, or if an appeal is taken, upon final determination of the appeal. Written notice of the order shall be sent by first-class mail to the parties by the clerk.
(Amended by Stats. 1991, Ch. 1090, Sec. 7.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 3 - Private Writings › Section 1952.2.

1952.2. Notwithstanding any other provisions of law, upon a judgment becoming final, at the expiration of the appeal period, unless an appeal is pending, the court, in its discretion, and on its own motion by a written order signed by the judge, filed in the action, and an entry thereof made in the register of actions, may order the clerk to return all of the exhibits, depositions, and administrative records introduced or filed in the trial of a civil action or proceeding to the attorneys for the parties introducing or filing the same.
(Amended by Stats. 1991, Ch. 1090, Sec. 8.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 3 - Private Writings › Section 1952.3.

1952.3. Notwithstanding any other provision of the law, the court, on its own motion, may order the destruction or other disposition of any exhibit, deposition, or administrative record introduced in the trial or posttrial hearing of a civil action or proceeding or filed in the action or proceeding that, if appeal has not been taken from the decision of the court in the action or proceeding, remains in the custody of the court or clerk five years after time for appeal has expired, or, if appeal has been taken, remains in the custody of the court or clerk five years after final determination thereof, or that remains in the custody of the court or clerk for a period of five years after any of the following:
(a) A motion for a new trial has been granted and a memorandum to set the case for trial has not been filed, or a motion to set for trial has not been made within five years.
(b) The dismissal of the action or proceeding.
In addition, the court on its own motion, may order the destruction or other disposition of any exhibit, deposition, or administrative record that remains in the custody of the court or clerk for a period of 10 years after the introduction or filing of the action or proceeding if, in the discretion of the court, the exhibit, deposition, or administrative record should be disposed of or destroyed.
The order shall be entered in the register of actions of each case in which the order is made.
No exhibit, deposition, or administrative record shall be ordered destroyed or otherwise disposed of pursuant to this section if a party to the action or proceeding files a written notice with the court requesting the preservation of any exhibit, deposition, or administrative record for a stated time, but not to exceed one year.
Any sealed file shall be retained for at least two years after the date on which destruction would otherwise be authorized pursuant to this section.
(Amended by Stats. 1991, Ch. 1090, Sec. 9.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 4 - Records Destroyed in Fire or Calamity › Section 1953.

1953. As used in this article “record” includes all or any part of any judgment, decree, order, document, paper, process, or file.
(Added by Stats. 1953, Ch. 52.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 4 - Records Destroyed in Fire or Calamity › Section 1953.01.

1953.01. Whenever in any action or special proceeding, civil or criminal, in any court of this State any record is lost, injured, or destroyed by reason of conflagration or other public calamity, any person interested therein may apply by a duly verified petition in writing to the court for an order authorizing such defect to be supplied by a duly certified copy of the original, where such copy can be obtained.
(Added by Stats. 1953, Ch. 52.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 4 - Records Destroyed in Fire or Calamity › Section 1953.02.

1953.02. Upon notice given pursuant to Sections 1010 to 1020, inclusive, of this code, and its being shown to the satisfaction of the court that the record has been so lost, injured, or destroyed, the court shall make an order that the certified copy shall thereafter have the same effect in all respects as the original would have had.
(Added by Stats. 1953, Ch. 52.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 4 - Records Destroyed in Fire or Calamity › Section 1953.03.

1953.03. Whenever in any action or special proceeding, civil or criminal, in any court of this State any record is lost, injured, or destroyed by reason of conflagration or other public calamity, and a certified copy of the original cannot be supplied, any person interested therein may make written application to the court, verified by affidavit, showing such loss, injury, or destruction, and that a certified copy of the record cannot be obtained by the person making the application, and that such loss, injury, or destruction occurred by conflagration, or other calamity, without the fault or neglect of the person making the application, and that such loss, injury, or destruction, unless supplied or remedied may result in damage to the person making the application. Thereupon the court shall cause notice of the application to be given pursuant to Sections 1010 to 1020, inclusive, of this code.
(Added by Stats. 1953, Ch. 52.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 4 - Records Destroyed in Fire or Calamity › Section 1953.04.

1953.04. Upon the hearing if the court is satisfied that the statements contained in the written application are true, it shall make an order reciting the substance and effect of the lost, injured, or destroyed record. The order shall have the same effect that the original would have had if it had not been lost, injured, or destroyed, so far as concerns the person making the application, and the persons who have been notified, pursuant to Section 1953.03.
(Added by Stats. 1953, Ch. 52.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 4 - Records Destroyed in Fire or Calamity › Section 1953.05.

1953.05. The record in all cases where the proceeding is in rem, including probate, guardianship, conservatorship, and insolvency proceedings, may be supplied in like manner upon like notice to all persons who have appeared therein, and upon notice by publication or postings for not less than 10 days, as the court may order, to all persons who have not appeared. When restored the record shall have the same effect as the original upon all persons who have been personally served with notice of the application, and as to all other persons it shall be prima facie evidence of the contents of the original.
(Amended by Stats. 1979, Ch. 730.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 4 - Records Destroyed in Fire or Calamity › Section 1953.06.

1953.06. If an appeal to a reviewing court has been taken in any action or special proceeding in any trial court in which the record has been subsequently lost or destroyed by conflagration or other public calamity and a transcript of such record has been filed in the reviewing court, any person interested in the action or special proceeding may obtain a certified copy of all or any portion of the transcript from the clerk of the reviewing court and may file such certified copy in the office of the clerk of the court from which the appeal was taken. Thereupon the certified copy may be made the basis of any further proceedings or processes in the trial court in such action or special proceeding to all intents and purposes as if the original record were on file.
(Amended by Stats. 1967, Ch. 17.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 4.5 - Private Records Destroyed in Disaster or Calamity › Section 1953.10.

1953.10. Any person, corporation, copartnership, organization, institution, business, member of profession or calling interested in establishing the existence, substance, genuineness, or authenticity of any memorandum, book, map, chart, manuscript, writing, account, entry, record, print, document, representation, or combination thereof that has been damaged, rendered wholly or partially illegible, destroyed in whole or in part or lost by explosion, conflagration, earthquake, disaster or other public calamity, may apply by duly verified petition to the court for an order establishing, reciting, or declaring the existence, substance, genuineness or authenticity of the same.
(Added by Stats. 1961, Ch. 1311.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 4.5 - Private Records Destroyed in Disaster or Calamity › Section 1953.11.

1953.11. Notice of the filing of the petition and of the time and place of the hearing thereof shall be given to such persons, if any, as the court shall designate by its order. Such order shall specify how such notice shall be given and may be by publication, posting, personal service or otherwise as the court shall direct. Upon the hearing of the petition proof shall be submitted to the court that notice has been given as prescribed in such order.
(Added by Stats. 1961, Ch. 1311.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 4.5 - Private Records Destroyed in Disaster or Calamity › Section 1953.12.

1953.12. Upon the hearing the court shall receive such evidence as may be required and if the court is satisfied that the statements contained in the petition are true, it shall make an order reciting the existence, substance, genuineness or authenticity of the destroyed or lost memorandum, book, map, chart, manuscript, writing, account, entry, print, document, representation or combination thereof.
(Added by Stats. 1961, Ch. 1311.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 3 - Writings › ARTICLE 4.5 - Private Records Destroyed in Disaster or Calamity › Section 1953.13.

1953.13. The order of court made upon such hearing shall refer to the memorandum, book, map, chart, manuscript, writing, account, entry, record, print, document, representation or combination thereof which is the subject of said petition and such court order shall be deemed in lieu of the original and have the same effect as if the original had not been damaged, destroyed or otherwise rendered wholly or partially illegible.
(Added by Stats. 1961, Ch. 1311.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 6 - Indispensable Evidence › Section 1971.

1971. No estate or interest in real property, other than for leases for a term not exceeding one year, nor any power over or concerning it, or in any manner relating thereto, can be created, granted, assigned, surrendered, or declared, otherwise than by operation of law, or a conveyance or other instrument in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by the party’s lawful agent thereunto authorized by writing.
(Amended by Stats. 1986, Ch. 820, Sec. 19. Operative July 1, 1987, by Sec. 43 of Ch. 820.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 6 - Indispensable Evidence › Section 1972.

1972. (a) Section 1971 shall not be construed to abridge the power of any court to compel the specific performance of an agreement, in case of part performance thereof.
(b) Section 1971 does not affect the creation of a trust under Division 9 (commencing with Section 15000) of the Probate Code nor prevent any trust from arising or being extinguished by implication or operation of law.
(Amended by Stats. 1986, Ch. 820, Sec. 20. Operative July 1, 1987, by Sec. 43 of Ch. 820.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 2 - OF THE KINDS AND DEGREES OF EVIDENCE › CHAPTER 6 - Indispensable Evidence › Section 1974.

1974. No evidence is admissible to charge a person upon a representation as to the credit of a third person, unless such representation, or some memorandum thereof, be in writing, and either subscribed by or in the handwriting of the party to be charged. This section is a Statute of Frauds provision and is to be applied in a manner that is consistent with the manner in which subdivision 2 of Section 1624 of the Civil Code is applied.
(Amended by Stats. 1970, Ch. 720.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 2 - Means of Production › Section 1985.

1985. (a) The process by which the attendance of a witness is required is the subpoena. It is a writ or order directed to a person and requiring the person’s attendance at a particular time and place to testify as a witness. It may also require a witness to bring any books, documents, electronically stored information, or other things under the witness’s control which the witness is bound by law to produce in evidence. When a county recorder is using the microfilm system for recording, and a witness is subpoenaed to present a record, the witness shall be deemed to have complied with the subpoena if the witness produces a certified copy thereof.
(b) A copy of an affidavit shall be served with a subpoena duces tecum issued before trial, showing good cause for the production of the matters and things described in the subpoena, specifying the exact matters or things desired to be produced, setting forth in full detail the materiality thereof to the issues involved in the case, and stating that the witness has the desired matters or things in his or her possession or under his or her control.
(c) The clerk, or a judge, shall issue a subpoena or subpoena duces tecum signed and sealed but otherwise in blank to a party requesting it, who shall fill it in before service. An attorney at law who is the attorney of record in an action or proceeding, may sign and issue a subpoena to require attendance before the court in which the action or proceeding is pending or at the trial of an issue therein, or upon the taking of a deposition in an action or proceeding pending therein; the subpoena in such a case need not be sealed. An attorney at law who is the attorney of record in an action or proceeding, may sign and issue a subpoena duces tecum to require production of the matters or things described in the subpoena.
(Amended by Stats. 2012, Ch. 72, Sec. 1. (SB 1574) Effective January 1, 2013.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 2 - Means of Production › Section 1985.1.

1985.1. Any person who is subpoenaed to appear at a session of court, or at the trial of an issue therein, may, in lieu of appearance at the time specified in the subpoena, agree with the party at whose request the subpoena was issued to appear at another time or upon such notice as may be agreed upon. Any failure to appear pursuant to such agreement may be punished as a contempt by the court issuing the subpoena. The facts establishing or disproving such agreement and the failure to appear may be proved by an affidavit of any person having personal knowledge of the facts.
(Added by Stats. 1969, Ch. 140.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 2 - Means of Production › Section 1985.2.

1985.2. Any subpoena which requires the attendance of a witness at any civil trial shall contain the following notice in a type face designed to call attention to the notice:
Contact the attorney requesting this subpoena, listed above, before the date on which you are required to be in court, if you have any question about the time or date for you to appear, or if you want to be certain that your presence in court is required.
(Added by Stats. 1978, Ch. 431.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 2 - Means of Production › Section 1985.4.

1985.4. The procedures set forth in Section 1985.3 are applicable to a subpoena duces tecum for records containing “personal information,” as defined in Section 1798.3 of the Civil Code that are otherwise exempt from public disclosure under a provision listed in Section 7920.505 of the Government Code that are maintained by a state or local agency as defined in Section 7920.510 or 7920.540 of the Government Code. For the purposes of this section, “witness” means a state or local agency as defined in Section 7920.510 or 7920.540 of the Government Code and “consumer” means any employee of any state or local agency as defined in Section 7920.510 or 7920.540 of the Government Code, or any other natural person. Nothing in this section shall pertain to personnel records as defined in Section 832.8 of the Penal Code.
(Amended by Stats. 2021, Ch. 615, Sec. 57. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 2 - Means of Production › Section 1985.5.

1985.5. If a subpena requires the attendance of a witness before an officer or commissioner out of court, it shall, for a refusal to be sworn, or to answer as a witness, or to subscribe an affidavit or deposition when required, also require the witness to attend a session of the court issuing the subpena at a time and place thereof to be fixed by said officer or commissioner.
(Added by Stats. 1941, Ch. 405.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 2 - Means of Production › Section 1985.7.

1985.7. When a medical provider fails to comply with Section 1158 of the Evidence Code, in addition to any other available remedy, the demanding party may apply to the court for an order to show cause why the records should not be produced.
Any order to show cause issued pursuant to this section shall be served upon respondent in the same manner as a summons. It shall be returnable no sooner than 20 days after issuance unless ordered otherwise upon a showing of substantial hardship. The court shall impose monetary sanctions pursuant to Section 1158 of the Evidence Code unless it finds that the person subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.
(Added by Stats. 1996, Ch. 1159, Sec. 12. Effective January 1, 1997.)
2023 California Code › Code of Civil Procedure - CCP › PART 4 - MISCELLANEOUS PROVISIONS › TITLE 3 - OF THE PRODUCTION OF EVIDENCE › CHAPTER 2 - Means of Production › Section 1986.

1986. A subpoena is obtainable as follows:
(a) To require attendance before a court, or at the trial of an issue therein, or upon the taking of a deposition in an action or proceeding pending therein, it is obtainable from the clerk of the court in which the action or proceeding is pending.
(b) To require attendance before a commissioner appointed to take testimony by a court of a foreign country, or of the United States, or of any other state in the United States, or before any officer or officers empowered by the laws of the United States to take testimony, it may be obtained from the clerk of the superior court of the county in which the witness is to be examined.
(c) To require attendance out of court, in cases not provided for in subdivision (a), before a judge, justice, or other officer authorized to administer oaths or take testimony in any matter under the laws of this state, it is obtainable from the judge, justice, or other officer before whom the attendance is required.
If the subpoena is to require attendance before a court, or at the trial of an issue therein, it is obtainable from the clerk, as of course, upon the application of the party desiring it. If it is obtained to require attendance before a commissioner or other officer upon the taking of a deposition, it must be obtained, as of course, from the clerk of the superior court of the county wherein the attendance is required upon the application of the party requiring it.
(Amended by Stats. 2007, Ch. 263, Sec. 14. Effective January 1, 2008.)