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Code of Civil Procedure - CCP - CCP § 631.7
Code of Civil Procedure - CCP - CCP § 631.7
Ordinarily, unless the court otherwise directs, the trial of a civil action tried by the court without a jury shall proceed in the order specified in Section 607.
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Code of Civil Procedure - CCP - CCP § 631.8
Code of Civil Procedure - CCP - CCP § 631.8
(a) After a party has completed his presentation of evidence in a trial by the court, the other party, without waiving his right to offer evidence in support of his defense or in rebuttal in the event the motion is not granted, may move for a judgment. The court as trier of the f
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Code of Civil Procedure - CCP - CCP § 632
Code of Civil Procedure - CCP - CCP § 632
(a) In superior courts, upon the trial of a question of fact by the court, written findings of fact and conclusions of law shall not be required. The court shall issue a statement of decision explaining the factual and legal basis for its decision as to each of the principal cont
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Code of Civil Procedure - CCP - CCP § 634
Code of Civil Procedure - CCP - CCP § 634
When a statement of decision does not resolve a controverted issue, or if the statement is ambiguous and the record shows that the omission or ambiguity was brought to the attention of the trial court either prior to entry of judgment or in conjunction with a motion under Section
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Code of Civil Procedure - CCP - CCP § 635
Code of Civil Procedure - CCP - CCP § 635
In all cases where the decision of the court has been entered in its minutes, and when the judge who heard or tried the case is unavailable, the formal judgment or order conforming to the minutes may be signed by the presiding judge of the court or by a judge designated by the pr
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Code of Civil Procedure - CCP - CCP § 636
Code of Civil Procedure - CCP - CCP § 636
On a judgment for the plaintiff upon an issue of law, he may proceed in the manner prescribed by the first two subdivisions of Section 585, upon the failure of the defendant to answer. If judgment be for the defendant upon an issue of law, and the taking of an account, or the pro
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Code of Civil Procedure - CCP - CCP § 638
Code of Civil Procedure - CCP - CCP § 638
A referee may be appointed upon the agreement of the parties filed with the clerk, or judge, or entered in the minutes, or upon the motion of a party to a written contract or lease that provides that any controversy arising therefrom shall be heard by a referee if the court finds
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Code of Civil Procedure - CCP - CCP § 639
Code of Civil Procedure - CCP - CCP § 639
(a) When the parties do not consent, the court may, upon the written motion of any party, or of its own motion, appoint a referee in the following cases pursuant to the provisions of subdivision (b) of Section 640: (1) When the trial of an issue of fact requires the examination o
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Code of Civil Procedure - CCP - CCP § 640
Code of Civil Procedure - CCP - CCP § 640
(a) The court shall appoint as referee or referees the person or persons, not exceeding three, agreed upon by the parties. (b) If the parties do not agree on the selection of the referee or referees, each party shall submit to the court up to three nominees for appointment as ref
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Code of Civil Procedure - CCP - CCP § 640.5
Code of Civil Procedure - CCP - CCP § 640.5
It is the intent of the Legislature that the practice and cost of referring discovery disputes to outside referees be thoroughly reviewed. Therefore, in addition to the requirements of subdivision (e) of Section 639, the Judicial Council shall collect information from the trial c
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Code of Civil Procedure - CCP - CCP § 641
Code of Civil Procedure - CCP - CCP § 641
A party may object to the appointment of any person as referee, on one or more of the following grounds: (a) A want of any of the qualifications prescribed by statute to render a person competent as a juror, except a requirement of residence within a particular county in the stat
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Code of Civil Procedure - CCP - CCP § 641.2
Code of Civil Procedure - CCP - CCP § 641.2
In any action brought under Article 8 (commencing with Section 12600) of Chapter 6, Part 2, Division 3, Title 3 of the Government Code, a party may object to the appointment of any person as referee on the ground that the person is not technically qualified with respect to the pa
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Code of Civil Procedure - CCP - CCP § 642
Code of Civil Procedure - CCP - CCP § 642
Objections, if any, to a reference or to the referee or referees appointed by the court shall be made in writing, and must be heard and disposed of by the court, not by the referee.
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Code of Civil Procedure - CCP - CCP § 643
Code of Civil Procedure - CCP - CCP § 643
(a) Unless otherwise directed by the court, the referees or commissioner must report their statement of decision in writing to the court within 20 days after the hearing, if any, has been concluded and the matter has been submitted. (b) A referee appointed pursuant to Section 638
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Code of Civil Procedure - CCP - CCP § 644
Code of Civil Procedure - CCP - CCP § 644
(a) In the case of a consensual general reference pursuant to Section 638, the decision of the referee or commissioner upon the whole issue must stand as the decision of the court, and upon filing of the statement of decision with the clerk of the court, judgment may be entered t
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Code of Civil Procedure - CCP - CCP § 645
Code of Civil Procedure - CCP - CCP § 645
The decision of the referee appointed pursuant to Section 638 or commissioner may be excepted to and reviewed in like manner as if made by the court. When the reference is to report the facts, the decision reported has the effect of a special verdict.
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Code of Civil Procedure - CCP - CCP § 645.1
Code of Civil Procedure - CCP - CCP § 645.1
(a) When a referee is appointed pursuant to Section 638, the referee’s fees shall be paid as agreed by the parties. If the parties do not agree on the payment of fees and request the matter to be resolved by the court, the court may order the parties to pay the referee’s fees as
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Code of Civil Procedure - CCP - CCP § 645.2
Code of Civil Procedure - CCP - CCP § 645.2
The Judicial Council shall adopt all rules of court necessary to implement this chapter.
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Code of Civil Procedure - CCP - CCP § 646
Code of Civil Procedure - CCP - CCP § 646
An exception is an objection upon a matter of law to a decision made, either before or after judgment, by a Court, tribunal, Judge, or other judicial officer, in an action or proceeding. The exception must be taken at the time the decision is made, except as provided in section s
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Code of Civil Procedure - CCP - CCP § 647
Code of Civil Procedure - CCP - CCP § 647
All of the following are deemed excepted to: the verdict of the jury; the final decision in an action or proceeding; an interlocutory order or decision, finally determining the rights of the parties, or some of them; an order or decision from which an appeal may be taken; an orde
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Code of Civil Procedure - CCP - CCP § 651
Code of Civil Procedure - CCP - CCP § 651
(a) On its own motion or on the motion of a party, where the court finds that such a view would be proper and would aid the trier of fact in its determination of the case, the court may order a view of any of the following: (1) The property which is the subject of litigation. (2)
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Code of Civil Procedure - CCP - CCP § 656
Code of Civil Procedure - CCP - CCP § 656
A new trial is a re-examination of an issue of fact in the same court after a trial and decision by a jury, court, or referee.
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Code of Civil Procedure - CCP - CCP § 657
Code of Civil Procedure - CCP - CCP § 657
The verdict may be vacated and any other decision may be modified or vacated, in whole or in part, and a new or further trial granted on all or part of the issues, on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rig
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Code of Civil Procedure - CCP - CCP § 657.1
Code of Civil Procedure - CCP - CCP § 657.1
A new trial may also be granted as provided in Section 914 of this code.
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Code of Civil Procedure - CCP - CCP § 658
Code of Civil Procedure - CCP - CCP § 658
When the application is made for a cause mentioned in the first, second, third and fourth subdivisions of Section 657, it must be made upon affidavits; otherwise it must be made on the minutes of the court.