The party prosecuting a special proceeding may be known as the plaintiff, and the adverse party as the defendant.
§ 1063.Plaintiff and Defendant Defined
Title Preliminary Provisions. · Enacted 1872 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1063 supplies the basic vocabulary for every special proceeding under Part 3, letting the party who initiates the proceeding be called the plaintiff and the opposing party be called the defendant, the same labels used in an ordinary civil action.
Full Text of § 1063
Plain-English Summary
Part 3 of the Code of Civil Procedure covers many different special proceedings -- writs of review, mandate, and prohibition; eminent domain; arbitration; name changes; and more. Rather than write bespoke party labels into each one, § 1063 borrows the vocabulary everyone already knows from ordinary civil actions.
The party who starts the proceeding is the plaintiff, and the opposing party is the defendant, whatever the proceeding happens to be called or however the underlying statute describes the parties elsewhere. That naming convention carries through the rest of Part 3, including § 1064's definition of judgment.
None of this changes who may bring a proceeding or what a court can order. It only fixes the labels courts and lawyers use once a special proceeding is underway.
Frequently Asked Questions
Does § 1063 create a new kind of lawsuit called a special proceeding?
No. It only supplies the vocabulary -- plaintiff and defendant -- for special proceedings that Part 3 already recognizes elsewhere.
Who is the plaintiff in a special proceeding?
The party who prosecutes, or initiates, the special proceeding.
Why does California bother defining these terms separately from ordinary civil actions?
Special proceedings such as writs of review, mandate, and prohibition use different procedural vocabulary than an ordinary lawsuit, so § 1063 confirms the familiar plaintiff and defendant labels still apply.
Amendment History
Enacted 1872.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: plaintiff defendant special proceeding californiaspecial proceeding party names california