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§ 262.9.Manner of execution and return of process by elisor

Title 4. Ministerial Officers of Courts of Justice · Chapter 1. Of Ministerial Officers Generally · Enacted 1959 · no amendments on record · Last verified July 28, 2026

In one sentence§ 262.9 requires an elisor who receives process to execute and return it using the same procedures a sheriff would follow for similar process.

Full Text of § 262.9

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When process is delivered to an elisor, he shall execute and return it in the same manner as the sheriff is required to execute similar process.

Plain-English Summary

Once a court appoints an elisor under § 262.8, this section fills in how the elisor is to act. § 262.9 gives the elisor no separate rulebook — process delivered to an elisor must be executed and returned the same way a sheriff would handle similar process.

That single sentence pulls in the rest of this chapter’s standards by reference. An elisor executing process is held to the same facial-regularity limits as a sheriff under § 262.1, and the same practical duties around handling and returning process that apply to any ministerial officer.

For a party relying on an elisor rather than the sheriff, this section is the assurance that the substitute officer’s work follows the familiar rules, rather than some looser or different standard.

Frequently Asked Questions

Does an elisor follow different procedures than a sheriff would?

No. § 262.9 requires the elisor to execute and return process the same way a sheriff is required to for similar process.

What must an elisor do after completing the assigned task?

The elisor must return the process, following the same procedure a sheriff would use.

Does § 262.9 create the elisor position?

No. § 262.8 authorizes the court to appoint an elisor; § 262.9 governs how the elisor carries out that assignment once appointed.

Amendment History

Added Stats 1959 ch 655 § 14.

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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