Powers of Judges at Chambers

The Code of Civil Procedure in California, in Part 1, Title 2, Chapter 2, specifies powers of judges at chambers. Section 165 provides that the justices of the Supreme Court and of the courts of appeal, may, at chambers, grant all orders and writs which are usually granted in the first instance upon an ex parte application, except for writs of mandamus, certiorari, and prohibition; and may, in their discretion, hear applications to discharge orders and writs.

Section 166 specifies that judges of the superior courts may, in chambers:

• Grant all orders and writs that are usually granted in the first instance upon an ex parte application, and hear and dispose of those orders and writs, and do other specified actions.

• Hear and determine all motions made pursuant to two CCP Sections.

• Hear and determine all uncontested actions, proceedings, demurrers, motions, petitions, applications, and other matters pending before the court other than specified actions.

• Hear and determine motions to tax costs of enforcing a judgment.

• Approve bonds and undertakings.

In addition, a judge may, out of court in this state, exercise all the powers and perform all the functions and duties conferred upon a judge, or that a judge may exercise or perform in chambers.

Section 166.1 states that, upon the written request of any party or his or her counsel, or at the judge’s discretion, a judge may indicate in any interlocutory order a belief that there is a controlling question of law as to which there are substantial grounds for difference of opinion, appellate resolution of which may materially advance the conclusion of the litigation.

Section 167 specifies that any act required or permitted to be performed by the clerk of a court may be performed by a judge.