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The California Code of Civil Procedure (abbreviated to Code Civ. Proc. in the California Style Manual [a] or just CCP in treatises and other less formal contexts) is a California code enacted by the California State Legislature in March 1872 as the general codification of the law of civil procedure in the U.S. state of California, along with the three other original Codes.
The Codes form an important part of California law. However, they must be read in combination with the federal and state constitutions, federal and state case law, and the California Code of Regulations, in order to understand how they are actually interpreted and enforced in court.
Most such writ petitions are common-law writ petitions, which are not specifically set out by statute, and do not have a specific statute of limitation. However, courts have generally inferred a prudential, but not jurisdictional, 60-day deadline, by analogy with the amount of time usually allowed for appeals. [9]
Dicta from the California Supreme Court is entitled to great weight, and the Court of Appeal rarely exercises its power to disregard the high court's gratuitous statements about California law. [10] Cases from other states are often cited in California appellate opinions, particularly when the out-of-state decisions disagree with one another. [11]
California law encourages the Judicial Council to provide for uniformity in rules and procedures throughout all courts on the form of papers, limitations on the filing of papers, rules relating to law and motion, and requirements concerning documents to be filed at or prior to trial. [5]
On April 24, 1972, the Supreme Court of California ruled in People v. Anderson that the state's current death penalty laws were unconstitutional. Justice Marshall F. McComb was the lone dissenter, arguing that the death penalty deterred crime, noting numerous Supreme Court precedents upholding the death penalty's constitutionality, and stating that the legislative and initiative processes were ...
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The Court has original jurisdiction in a variety of cases, including habeas corpus proceedings, and has the authority to review all the decisions of the California courts of appeal, as well as an automatic appeal for cases where the death penalty has been issued by the trial court.
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