In the construction of a statute or instrument, the office of the Judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.
§ 1858.Judge's Office in Construction of Statute or Instrument
Title 1. Of the General Principles of Evidence · Enacted 1872 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1858 confines a judge construing a statute or written instrument to identifying what the text says, barring the judge from adding omitted terms or striking included ones, and calling for a reading that gives effect to every provision whenever that is possible.
Full Text of § 1858
Plain-English Summary
This section states the basic discipline courts bring to reading statutes and written instruments alike. A judge's task is to ascertain and declare what the text contains, in terms or in substance, not to rewrite it by inserting language the drafters left out or by deleting language they put in. The judge interprets the document that exists, rather than the one the judge might have preferred.
The section also supplies a harmonizing instruction for documents with several provisions or particulars: read them, where possible, so that every part is given effect. A construction that renders one clause meaningless is disfavored if a reading exists that lets every provision do its work.
Frequently Asked Questions
Can a judge add a term to a contract or statute that the drafters left out?
No. Section 1858 confines the judge to ascertaining and declaring what is contained in the text, not inserting what was omitted.
Can a judge disregard language that is present in the document?
No. The section bars omitting what has been inserted, just as it bars inserting what has been omitted.
How should a court read a document with several provisions that seem to conflict?
Where possible, in a way that gives effect to all of them, rather than one that renders any provision meaningless.
Amendment History
Enacted 1872.
Source & verification. Section text is reproduced verbatim from
the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: judge's role in statutory construction californiacanon giving effect to every provision