Supreme Court in the Code of Civil Procedure

California’s Code of Civil Procedure in Part 1, Title 1, Chapter 3 concerns the Supreme Court. Section 41 provides the Supreme Court and the courts of appeal may transact business at any time. Section 42 states that adjournments from day to day, or from time to time, are to be construed as recesses in the sessions, and do not prevent the Supreme Court or the courts of appeal from sitting at any time.

Section 43 specifies that the Supreme Court, and the courts of appeal, may affirm, reverse, or modify any judgment or order appealed from, and may direct the proper judgment or order to be entered, or direct a new trial or further proceedings to be had.

Section 44 says appeals in probate proceedings, in contested election cases, and in actions for libel or slander by a person who holds any elective public office or a candidate for any office alleged to have occurred during the course of an election campaign must be given preference in hearing in the courts of appeal, and in the Supreme Court when transferred.

Section 45 provides an appeal from a judgment freeing a minor who is a dependent child of the juvenile court from parental custody and control, or denying a recommendation to free a minor from parental custody or control, must have precedence over all cases in the court to which an appeal in the matter is taken.