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General Provisions for Courts of Justice

The seal of a court need not be affixed to any proceeding, or to any document, except to a writ, a summons, or a warrant of arrest

By Chris Micheli, May 21, 2025 2:30 am

Code of Civil Procedures Part 1, Title 1, Chapter 6 deals with general provisions respecting courts of justice in this state. Article 4 concerns proceedings in the case of absence of the judge.

Section 139 provides that, if no judge attends on the day appointed for the holding or sitting of a court, within one hour after the time appointed, the sheriff, marshal, or clerk is required to adjourn the court session until the next day, at 10 o’clock a.m.. If no judge attends on that day, before noon, the sheriff, marshal, or clerk is then required to adjourn the court until the following day at the same hour. This must occur unless the judge, by written order, directs it to be adjourned to some specified day, in which case it is adjourned until that day.

Article 6 deals with seals of courts. Section 153 provides that the seal of a court need not be affixed to any proceeding, or to any document, except to a writ, a summons, or a warrant of arrest.

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