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California Code of Civil Procedure. California
Читать онлайн.Название California Code of Civil Procedure
Год выпуска 0
isbn 9785392105359
Автор произведения California
Жанр Юриспруденция, право
Издательство Проспект
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(Repealed and added by Code Amendments 1880, Ch. 35.)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 it is the responsibility of jury commissioners to manage all jury systems in an efficient, equitable, and cost-effective manner, in accordance with this chapter.
(Repealed and added by Stats. 1988, Ch. 1245, Sec. 2.)
192. This chapter applies to the selection of jurors, and the formation of trial juries, for both civil and criminal cases, in all trial courts of the state.
(Repealed and added by Stats. 1988, Ch. 1245, Sec. 2.)
193. Juries are of three kinds:
(a) Grand juries established pursuant to Title 4 (commencing with Section 888) of Part 2 of the Penal Code.
(b) Trial juries.
(c) Juries of inquest.
(Repealed and added by Stats. 1988, Ch. 1245, Sec. 2.)
194. The following definitions govern the construction of this chapter:
(a) “County” means any county or any coterminous city and county.
(b) “Court” means a superior court of this state, and includes, when the context requires, any judge of the court.
(c) “Deferred jurors” are those prospective jurors whose request to reschedule their service to a more convenient time is granted by the jury commissioner.
(d) “Excused jurors” are those prospective jurors who are excused from service by the jury commissioner for valid reasons based on statute, state or local court rules, and policies.
(e) “Juror pool” means the group of prospective qualified jurors appearing for assignment to trial jury panels.
(f) “Jury of inquest” is a body of persons summoned from the citizens before the sheriff, coroner, or other ministerial officers, to inquire of particular facts.
(g) “Master list” means a list of names randomly selected from the source lists.
(h) “Potential juror” means any person whose name appears on a source list.
(i) “Prospective juror” means a juror whose name appears on the master list.
(j) “Qualified juror” means a person who meets the statutory qualifications for jury service.
(k) “Qualified juror list” means a list of qualified jurors.
(l) “Random” means that which occurs by mere chance indicating an unplanned sequence of selection where each juror’s name has substantially equal probability of being selected.
(m) “Source list” means a list used as a source of potential jurors.
(n) “Summons list” means a list of prospective or qualified jurors who are summoned to appear or to be available for jury service.
(o) “Trial jurors” are those jurors sworn to try and determine by verdict a question of fact.
(p) “Trial jury” means a body of persons selected from the citizens of the area served by the court and sworn to try and determine by verdict a question of fact.
(q) “Trial jury panel” means a group of prospective jurors assigned to a courtroom for the purpose of voir dire.
(Amended by Stats. 2002, Ch. 784, Sec. 39. Effective January 1, 2003.)
195. (a) In each county, there shall be one jury commissioner who shall be appointed by, and serve at the pleasure of, a majority of the judges of the superior court. In any county where there is a superior court administrator or executive officer, that person shall serve as ex officio jury commissioner. In any court jurisdiction where any person other than a court administrator or clerk/administrator is serving as jury commissioner on the effective date of this section, that person shall continue to so serve at the pleasure of a majority of the judges of the appointing court.
(b) Any jury commissioner may, whenever the business of court requires, appoint