Sections
39 entriesSection 2Sets twelve o’clock noon on January 1, 1873, as the time when the Code takes effect, making that specific date and time…Section 3Limits retroactive application of the Code by providing that no part of it is retroactive unless retroactivity is expressly declared. A part…Section 4Requires the Code of Civil Procedure and proceedings under it to be liberally construed to effect its objects and promote justice, and…Section 5Requires provisions of the Code that are substantially the same as existing statutes to be construed as continuations of those statutes rather…Section 6Extends the tenure of persons holding office under repealed acts when the Code takes effect, allowing them to continue holding the same…Section 7Requires an office abolished by repeal of an act to cease when the Codes take effect if the repealed act is not…Section 8Exempts actions or proceedings begun before the Code takes effect, and rights already accrued, from being affected by the Code’s provisions. Requires…Section 9Requires time already elapsed under an existing statutory limitation or period before the Code takes effect to count toward any same or…Section 10Defines holidays for purposes of the Code to include every Sunday and every other day specified or provided for as a judicial…Section 11Allows certified mail to satisfy any Code requirement that a notice or other communication be mailed by registered mail, whether the mailing…Section 12Sets the method for computing a legally prescribed time period by excluding the first day and including the last day. If the…Section 12aExtends a legal deadline that falls on a holiday through the next nonholiday day. For this rule, holidays include Saturdays, specified statutory…Section 12bDefines a full-day closure of a city, county, state, or public office, other than a branch office, as a holiday for computing…Section 12cRequires backward counting when an act must be performed a specified number of days before a hearing, excluding the hearing day in…Section 13Allows a secular act, other than a work of necessity or mercy, that law or contract requires on a day falling on…Section 13aAllows a legally required act due on a particular day or within a specified period to be performed on a special holiday,…Section 13bAllows an act that law requires on a particular day or within a specified period to be performed on a Saturday, with…Section 14Defines “seal,” when law requires a court, public officer, or person to affix one to a paper, to include an impression of…Section 15Requires language granting joint authority to three or more public officers or other persons to be construed as granting that authority to…Section 16Requires words and phrases to be construed according to context and approved language usage, except technical terms and phrases, terms with a…Section 17Defines general interpretive rules and terms for the Code, including tense, gender, number, affinity, county, electronic signature, month, oath, person, process, property,…Section 18Establishes repeal and abrogation of prior statutes, laws, and rules on subjects provided for by the Code unless expressly continued, whether or…Section 19Allows the act, whenever cited, enumerated, referred to, or amended, to be designated simply as “The Code of Civil Procedure,” with the…Section 20Defines judicial remedies as remedies administered by courts of justice or by judicial officers who are empowered for that purpose under the…Section 21Defines the remedies referenced by the provision as falling into two classes: actions and special proceedings. The provision supplies only that two-part…Section 22Defines an action as an ordinary proceeding in a court of justice in which one party prosecutes another to declare, enforce, or…Section 23Defines every other remedy as a special proceeding, establishing that the remedies encompassed by the phrase every other remedy are classified as…Section 24Defines actions as falling into two kinds: civil actions and criminal actions. The provision establishes those two categories as the complete classification…Section 25Defines the sources of a civil action as either an obligation or an injury. The provision supplies only those two categories and…Section 26Defines an obligation as a legal duty binding one person to do or not do a certain thing and provides that such…Section 27Defines an injury as falling into two kinds: injury to the person and injury to property. The provision establishes those two categories…Section 28Defines an injury to property as depriving the owner of the benefit of the property through taking, withholding, deterioration, or destruction. The…Section 29Defines every injury other than an injury to property as an injury to the person. The provision creates a residual classification: once…Section 30Defines a civil action as a proceeding prosecuted by one party against another to declare, enforce, or protect a right, or to…Section 31Establishes that the Penal Code, rather than this provision, defines a criminal action and provides for its prosecution. The provision therefore makes…Section 32Establishes that when a violation of a right permits both a civil remedy and a criminal remedy, the right to prosecute one…Section 32.5Defines jurisdictional classification of a case as its classification as either a limited civil case or an unlimited civil case. The term…Section 33Allows a prosecuting attorney, in the attorney’s discretion, to assist in the civil resolution of a violation of an offense described in…Section 34Establishes that an electronic signature by a court or judicial officer has the same effectiveness as an original signature, using the Code’s…