Other judicial orders of a Court or Judge of this State, or of the United States, create a disputable presumption, according to the matter directly determined, between the same parties and their representatives and successors in interest by title subsequent to the commencement of the action or special proceeding, litigating for the same thing under the same title and in the same capacity.
§ 1909.Judicial orders; disputable presumption
Title 2. Of the Kinds and Degrees of Evidence · Chapter 3. Writings · Article 2. Public Writings · Enacted 1872 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1909 provides that judicial orders other than those covered by Section 1908 create only a disputable presumption, rather than conclusive proof, as to the matter directly determined between the same parties and their successors in the same litigating capacity.
Full Text of § 1909
Plain-English Summary
Not every judicial order carries the conclusive force Section 1908 describes. This section covers the remainder: other judicial orders of a court or judge, state or federal, that fall outside Section 1908's conclusive-effect categories still matter, but only as a disputable presumption rather than a settled fact.
That presumption runs as to the matter directly determined, and it operates between the same parties, or their representatives and successors in interest whose title arose after the action began, so long as they are litigating the same thing under the same title and in the same capacity. Unlike a conclusive judgment, a disputable presumption can be overcome by contrary evidence.
Frequently Asked Questions
How does a Section 1909 order differ from a Section 1908 judgment?
It creates only a disputable presumption of the matter determined, not conclusive proof.
Can a disputable presumption under this section be rebutted?
Yes. Unlike conclusive effect, a disputable presumption can be overcome by evidence to the contrary.
Who is bound by the presumption this section creates?
The same parties, and their representatives and successors in interest by later title, litigating the same thing under the same title and capacity.
Amendment History
(Enacted in 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
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