The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this Code. The Code establishes the law of this State respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
§ 4.Rule of construction of this code
Preliminary Provisions · Enacted 1872 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 4 rejects the old common-law habit of construing statutes narrowly and instead directs that the code be read liberally to carry out its purposes and promote justice.
Full Text of § 4
Plain-English Summary
Under the common law, courts read statutes that changed existing law narrowly — construed strictly, as the old rule put it, because they were seen as intrusions on settled legal principles. Section 4 turns that off for the Code of Civil Procedure. It tells courts the code isn’t an intrusion on some pre-existing legal order; it is the law of this state on the subjects it covers.
The section then goes further and sets the interpretive default: read the code’s provisions liberally, with an eye toward carrying out what they’re meant to accomplish and promoting justice, rather than picking apart their wording for reasons to limit them.
Frequently Asked Questions
How should courts interpret the Code of Civil Procedure?
Liberally, with a view to carrying out the code’s purposes and promoting justice — not narrowly, per Section 4.
Why does Section 4 mention the common law?
Because the older common-law rule read statutes that changed existing law narrowly. Section 4 rejects that approach for this code and calls for liberal construction instead.
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: liberal construction California Code of Civil ProcedureCCP section 4 rule of construction