Subject to the supervision of the court, every court commissioner shall have power to do all of the following:
§ 259.Powers
Title 3. Persons Specially Invested With Powers of a Judicial Nature · Chapter 2. Court Commissioners · Last amended 2005 · Last verified July 28, 2026
In one sentenceSection 259 lists the powers a California court commissioner exercises under the supervision of the appointing court, from hearing ex parte motions and taking proof to acting as a stipulated temporary judge and handling preliminary family-law matters.
Full Text of § 259
(a) Hear and determine ex parte motions for orders and alternative writs and writs of habeas corpus in the superior court for which the court commissioner is appointed.
(b) Take proof and make and report findings thereon as to any matter of fact upon which information is required by the court. Any party to any contested proceeding may except to the report and the subsequent order of the court made thereon within five days after written notice of the court's action. A copy of the exceptions shall be filed and served upon opposing party or counsel within the five days. The party may argue any exceptions before the court on giving notice of motion for that purpose within 10 days from entry thereof. After a hearing before the court on the exceptions, the court may sustain, or set aside, or modify its order.
(c) Take and approve any bonds and undertakings in actions or proceedings, and determine objections to the bonds and undertakings.
(d) Act as temporary judge when otherwise qualified so to act and when appointed for that purpose, on stipulation of the parties litigant. While acting as temporary judge the commissioner shall receive no compensation therefor other than compensation as commissioner.
(e) Hear and report findings and conclusions to the court for approval, rejection, or change, all preliminary matters including motions or petitions for the custody and support of children, the allowance of temporary spousal support, costs and attorneys' fees, and issues of fact in contempt proceedings in proceedings for support, dissolution of marriage, nullity of marriage, or legal separation.
(f) Hear actions to establish paternity and to establish or enforce child and spousal support pursuant to subdivision (a) of Section 4251 of the Family Code.
(g) Hear, report on, and determine all uncontested actions and proceedings subject to the requirements of subdivision (d).
Plain-English Summary
Court commissioners are quasi-judicial officers who handle a substantial share of a superior court’s day-to-day workload, and § 259 is the source of their authority. Every power listed operates “subject to the supervision of the court” — a commissioner acts within a court’s own judicial power, not independently of it.
The list covers ex parte motions, alternative writs, and habeas corpus petitions in the appointing superior court; taking proof and reporting findings on factual questions the court asks about, with a five-day window for a party to except to the report and a further 10 days to notice a motion arguing those exceptions; approving bonds and undertakings and ruling on objections to them; and hearing paternity and child- or spousal-support establishment actions under Family Code § 4251(a).
Two powers depend on the parties’ agreement rather than the commissioner’s own authority. A commissioner can act as a full temporary judge — with a temporary judge’s full decision-making power — only when the litigants stipulate to it, and receives no extra pay for doing so. Uncontested matters can likewise be heard and finally determined by the commissioner, subject to that same stipulation requirement. Where there is no stipulation, the commissioner’s role in family-law and similar preliminary matters is limited to recommending findings and conclusions for the court’s own approval, rejection, or modification.
Frequently Asked Questions
Can a court commissioner issue a final, binding ruling in California?
Only when the parties stipulate to let the commissioner act as a temporary judge, or for uncontested matters under that same stipulation. Otherwise the commissioner’s findings under § 259(e) go to the court for approval, rejection, or change.
Does a court commissioner get paid extra for acting as a temporary judge?
No. § 259(d) says a commissioner acting as a temporary judge receives no compensation beyond the ordinary compensation of a commissioner.
Can a party challenge a commissioner’s factual findings?
Yes. § 259(b) gives a party five days after written notice of the court’s action to file exceptions, and 10 days from entry of that order to notice a motion arguing them before the court.
What family-law matters can a court commissioner hear?
§ 259(e) lets a commissioner hear and recommend findings on child custody and support, temporary spousal support, costs and fees, and contempt fact issues in support, dissolution, nullity, and legal separation proceedings, subject to the court’s approval.
Amendment History
Amended by Stats 2004 ch 49 (SB 1225), s 1, eff. 1/1/2005.
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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