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§ 1046.Affidavit, Notice, Other Paper Without Tile of Action Or Without Defective Title

Title 14. Of Miscellaneous Provisions · Chapter 7. General Provisions · Last amended 1981 · Last verified July 28, 2026

In one sentenceSection 1046 treats an affidavit, notice, or other paper as valid and effective even if it has no case title or a defective one, as long as the paper intelligibly refers to the action or proceeding it belongs to.

Full Text of § 1046

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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.

Plain-English Summary

Every court paper is supposed to carry the case caption identifying the action it belongs to. Section 1046 forgives the mistake when someone leaves that caption off, or gets it wrong, as long as a reader can still tell which action or proceeding the paper concerns.

The test is intelligibility, not perfection. A paper that clearly refers to the pending matter, through its content, the parties named, or other context, is treated as valid and effective for whatever purpose it was meant to serve, exactly as if it had been correctly titled.

This is a companion to § 1045's forgiveness of lost originals. Both sections keep minor paperwork errors from derailing a case: one covers documents that go missing, the other covers documents that were filed correctly but labeled incorrectly.

Frequently Asked Questions

Is a court paper invalid in California if it lacks a case caption?

Not necessarily. Section 1046 treats it as valid if it intelligibly refers to the action or proceeding, even without a title.

What if the caption on a filed paper has an error?

The paper is still valid and effective for its purpose if it intelligibly refers to the correct action, despite the defective title.

What kinds of papers does § 1046 cover?

Affidavits, notices, and other papers filed in a civil action or proceeding.

Amendment History

Amended by Stats. 1981, Ch. 714, Sec. 71.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: defective case caption california court paperuntitled affidavit valid california