Judgment must be entered as in other cases, but without costs for any proceeding prior to the trial. The case, the submission, and a copy of the judgment constitute the judgment roll.
§ 1139.Judgment; Judgment Roll
Title 3. Of Summary Proceedings · Chapter 2. Submitting a Controversy Without Action · Last amended 1933 · Last verified July 29, 2026
In one sentenceSection 1139 directs that judgment on a submitted controversy be entered the same way judgment is entered in any other case, except that no costs are awarded for anything that happened before trial, and it defines the judgment roll for these cases as the case itself, the submission, and a copy of the judgment.
Full Text of § 1139
Plain-English Summary
Judgment on a submitted controversy looks like judgment in any other civil case — with one deliberate gap. Because there's no complaint, no answer, and no pretrial motion practice in a § 1138 submission, § 1139 withholds costs for any proceeding that happened before trial. There wasn't a "before trial" phase to charge for.
The section also defines what makes up the judgment roll — the official record of the case that the court clerk assembles. For a submitted controversy, that roll consists of three things: the case the parties prepared (the agreed statement of facts), the submission itself, and a copy of the judgment the court entered. That's a shorter record than an ordinary judgment roll would include, again because the case skipped the pleadings and pretrial steps that would normally be part of it.
Frequently Asked Questions
Can a party recover costs incurred before trial in a submitted controversy?
No. Section 1139 excludes costs for any proceeding before the trial, even though judgment is otherwise entered as in other cases.
What documents make up the judgment roll for a submitted controversy?
The case (the parties' agreed statement of facts), the submission, and a copy of the judgment.
Is the judgment entered any differently than in an ordinary lawsuit?
Only as to pretrial costs. Otherwise, judgment is entered the same way it would be in any other case.
Amendment History
Amended by Stats. 1933, Ch. 745.
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: judgment roll submitted controversy californiacosts submission without action california