Published: 2015-07-08
Key Benefits:
The Judicial Council may provide by rule for the practice and procedure in proceedings under this chapter.
(Added by Stats. 1973, Ch. 526.)
The Judicial Council shall prescribe the form of the applications, notices, orders, and other documents required by this chapter.
(Added by Stats. 1973, Ch. 526.)
The facts stated in each affidavit filed pursuant to this chapter shall be set forth with particularity. Except where matters are specifically permitted by this chapter to be shown by information and belief, each affidavit shall show affirmatively that the affiant, if sworn as a witness, can testify competently to the facts stated therein. The affiant may be any person, whether or not a party to the action, who has knowledge of the facts. A verified complaint that satisfies the requirements of this section may be used in lieu of or in addition to an ordinary affidavit.
(Added by Stats. 1973, Ch. 526.)
The judicial duties to be performed under this chapter are “subordinate judicial duties” within the meaning of Section 22 of Article VI of the California Constitution and may be performed by appointed officers such as court commissioners.
(Added by Stats. 1973, Ch. 526.)
Nothing in this chapter shall preclude the granting of relief pursuant to Chapter 3 (commencing with Section 525) of this title.
(Added by Stats. 1973, Ch. 526.)