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§ 184.Vacancy not to affect proceedings

Title 2. Judicial Officers · Chapter 5. Miscellaneous Provisions Respecting Courts of Justice · Last amended 1933 · Last verified July 28, 2026

In one sentenceSection 184 provides that a vacancy in the office of a judge or justice does not affect any pending proceeding in the court where the vacancy occurs.

Full Text of § 184

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No proceeding in any court of justice, in an action or special proceeding pending therein, shall be affected by a vacancy in the office of all or any of the judges or justices thereof.

Plain-English Summary

Section 184 protects pending cases from a purely administrative disruption. If a judge or justice’s seat becomes vacant — through death, resignation, retirement, or any other reason — that vacancy does not affect an action or special proceeding already pending in that court. The case does not stall or restart because the office sitting over it is temporarily empty.

This matters because courts routinely experience turnover, and litigants should not bear the cost of a vacancy that has nothing to do with the merits of their case. Other law handles how a vacancy gets filled and how a new judge picks up a pending matter; Section 184 confirms that the vacancy itself is not, on its own, grounds to disturb the proceeding.

Frequently Asked Questions

Does a pending lawsuit stop if the assigned judge’s seat becomes vacant?

No. Section 184 states that a vacancy in a judge’s or justice’s office does not affect a proceeding already pending in that court.

Does this section apply even if all the judges of a court leave office at once?

Yes. Section 184 refers to a vacancy in the office of all or any of the judges or justices of a court, covering both a single vacancy and a court-wide one.

Amendment History

Enacted 1872. Repealed and re-enacted Code Amdts 1880 ch 35 § 1. Amended Stats 1933 ch 743 § 51.

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
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