Ministerial Officers of Courts

In California’s Code of Civil Procedure, Part 1, Title 3, Chapter 1, there are provided specified ministerial officers of justice courts. CCP Section 262 provides that the direction or authority of a party or attorney to a sheriff, in respect to the execution of process is not available to discharge or excuse the sheriff from a liability for neglect or misconduct, unless it is contained in written instructions by the attorney of the party.

Section 262.1 specifies that a sheriff or other ministerial officer is justified in the execution of all process and orders regular on their face and issued by competent authority, whatever may be the defect in the proceedings upon which they were issued.

Section 262.2 states that the officer executing process is required to show it to any interested person upon request.

Section 262.3 requires, when any process remains with the sheriff unexecuted, the process to be executed by his successor in office.

Section 262.4 provides that, if the sheriff sells real estate under an execution or order of court, the sheriff must execute and deliver to the purchaser or purchasers all deeds and conveyances required by law and necessary for the purpose.

Section 262.5 states that, service of a paper, other than process, upon the sheriff may be made by delivering it to him or to one of his deputies, or to a person in charge of the office during office hours, or by leaving it in a conspicuous place in the office.

Section 262.5 says, when the sheriff is a party to an action or proceeding, the process and orders are to be executed by the coroner of the county.

Section 262.7 specifies that, if an action is begun against a sheriff, all process and orders may be served by any person in the manner provided in this code.

Section 262.8 states that process or orders in an action or proceeding may be executed by a person residing in the county, designated by the court, or a judge, and denominated an elisor, in three specified cases.

Section 262.9 specifies that, when process is delivered to an elisor, he or she executes and returns it in the same manner as the sheriff is required to execute similar process.

Section 262.10 says that, whenever process is executed, or any act performed by a coroner or elisor, he receives reasonable compensation, to be fixed by the court, to be paid by the plaintiff in case of the summoning of jurors to complete the panel, and by the person or party requiring the service in all other cases in private action.

Section 262.11 provides that, in all cases where new counties have been or may be created, and executions, orders of sale upon foreclosures of mortgages, or other process affecting specific real estate have been or may hereafter be adjudged by the final judgment or decree of a court of competent jurisdiction, to be executed by the sheriff.