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California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 1 — Of the Form of Civil Actions, Section 309

A question of fact not put in issue by the pleadings may be tried by a jury, upon an order for the trial, stating distinctly and plainly the question of fact to be tried; and such order is the only authority necessary for a trial.

Notes

Allows a factual question not placed in issue by the pleadings to be tried by a jury when an order for trial distinctly and plainly states the question to be tried. Establishes that such an order is the only authority necessary for that jury trial, without requiring another authorization stated here.

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Lexinter.net | California Code, Code of Civil Procedure - CCP § 309 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-1/section-309

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