No part of it is retroactive, unless expressly so declared.
§ 3.Not retroactive
Preliminary Provisions · Enacted 1872 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 3 states that the code applies only going forward, not retroactively, unless a provision expressly says otherwise.
Full Text of § 3
Plain-English Summary
Section 3 sets the default direction of the code: forward. Unless a specific provision says otherwise in so many words, nothing in the Code of Civil Procedure reaches back to change the legal effect of things that already happened before it applied.
This reflects an older rule of general jurisprudence that a statute shouldn’t upset settled expectations unless the Legislature clearly meant it to. Section 3 writes that presumption directly into the code, so a court doesn’t have to guess at the Legislature’s intent every time a new provision might otherwise be read to reach backward.
Official Comment
The following official comments are published by the California Law Revision Commission (and, for a few older sections, its predecessor Code Commissioners) alongside the statute itself — not commentary from this site.
Code Commissioners' Note. It is a rule of construction founded on the principles of general jurisprudence that a statute is not to have a retroactive effect beyond the time of its enactment. See the very elaborate and learned opinion of Justice Wells, and also the dissenting opinion of Justice Heydenfeldt in People v. Hays, 4 Cal 127, and numerous cases there cited. See CC § 3, and note.
Frequently Asked Questions
Does the Code of Civil Procedure apply retroactively?
No, not unless a specific section expressly says so. Section 3 makes prospective application the default rule.
What happens if a section doesn’t say whether it’s retroactive?
Section 3 answers that by default: treat it as applying only from the date it takes effect forward, not backward.
Amendment History
Enacted 1872.
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
Also known as: is the CCP retroactiveCCP section 3 not retroactiveprospective application California code