Miscellaneous Civil Action Proceedings

Part 2, Title 15, Chapter 7 deals with general provisions related to civil actions.

Section 1045 provides that, in an original pleading or paper be lost, the Court may authorize a copy thereof to be filed and used instead of the original.

Section 1046 says that an affidavit, notice, or other paper, without the title of the action or proceeding in which it is made, or with a defective title, is as valid and effectual for any purpose as if duly entitled, if it intelligibly refers to the action or proceeding.

Section 1046a states, in all cases brought under the provisions of any act providing for the establishment and quieting of title to real property in cases where the public records in the office of the county recorder have been lost or destroyed, all papers filed under order of court nunc pro tunc have the same force and effect as if filed on the date when they should have been filed.

Section 1047 specifies that successive actions may be maintained upon the same contract or transaction, whenever, after the former action, a new cause of action arises therefrom.

Section 1048 provides that, when actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions. In addition, the court may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.

Section 1049 states that an action is deemed to be pending from the time of its commencement until its final determination upon appeal, or until the time for appeal has passed, unless the judgment is sooner satisfied.

Section 1050 specifies that an action may be brought by one person against another for the purpose of determining an adverse claim, which the latter makes against the former for money or property upon an alleged obligation.

Section 1053 provides that, when there are three referees all must meet, but two of them may do any act which might be done by all.

Section 1054 states that, when an act to be done relates to the pleadings in the action, or the preparation of bills of exceptions, the time allowed, unless otherwise expressly provided, may be extended, upon good cause shown, by the judge of the court in which the action is pending.

Section 1054.1 specifies that, when an act to be done in any action or proceeding in any court of this state or before any state administrative agency relates to the pleadings in the action, the time allowed is to be extended to a date certain by the judges of the court or by the agency in which the action or proceeding is pending. 

Section 1055 states that, if an action is brought against any officer or person for an act for the doing of which he had received any valid bond or convenant of indemnity, and he gives seasonable notice in writing to the persons who executed the bond or covenant, the judgment recovered is conclusive evidence against the persons notified.