No statute, law, or rule is continued in force because it is consistent with the provisions of this code on the same subject; but in all cases provided for by this code, all statutes, laws, and rules heretofore in force in this state, whether consistent or not with the provisions of this code, unless expressly continued in force by it, are repealed and abrogated. This repeal or abrogation does not revive any former law heretofore repealed, nor does it affect any right already existing or accrued, or any action or proceeding already taken, except as in this code provided; nor does it affect any private statute not expressly repealed.
§ 18.Statutes, etc., inconsistent with code repealed
Preliminary Provisions · Enacted 1872 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 18 repeals every prior statute, law, and rule on subjects the code covers, whether or not it was consistent with the code, unless the code expressly keeps it — without reviving anything already repealed or disturbing rights, pending proceedings, or private statutes not expressly repealed.
Full Text of § 18
Plain-English Summary
Section 18 is the code’s general repealer. For every subject the Code of Civil Procedure addresses, it wipes out whatever statute, law, or rule came before — regardless of whether that older rule agreed with the code or conflicted with it. Consistency doesn’t save an old provision; only an express statement that it stays in force does.
The section then limits its own reach. Repealing an old law doesn’t bring back some earlier law that the old one had already repealed. It doesn’t touch rights that already existed or proceedings already underway, except as the code separately provides — that’s the work Sections 8 and 9 do. And it leaves private statutes alone unless they’re expressly repealed by name.
Frequently Asked Questions
Did the Code of Civil Procedure repeal every prior law on the same subjects, or just conflicting ones?
All of them, per Section 18 — consistency with the code doesn’t save an older statute; only an express provision keeping it in force does.
Does repealing an old statute revive whatever it had replaced?
No. Section 18 specifically says the repeal doesn’t revive any law that was already repealed before the code took effect.
Does Section 18 affect private statutes?
No, unless a private statute is expressly repealed by name.
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 28, 2026.
· Official source
Also known as: CCP section 18 repealerdoes the Code of Civil Procedure repeal prior law