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§ 456.Judgment Or Determination Stated As Duly Given Or Made and to Be Final

Title 6. Of the Pleadings In Civil Actions · Chapter 7. General Rules of Pleading · Last amended 1957 · Last verified July 28, 2026

In one sentenceSection 456 lets a party plead that a court, officer, or board’s judgment or determination was duly given, made, and final without stating the underlying jurisdictional facts, unless the other side disputes it, in which case the pleading party must prove those facts at trial.

Full Text of § 456

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In pleading a judgment or other determination of a court, officer, or board, it is not necessary to state the facts conferring jurisdiction, but such judgment or determination may be stated to have been duly given or made and to have become final. If such allegation be controverted, the party pleading must establish on the trial the facts conferring jurisdiction and creating finality.

Plain-English Summary

Rather than pleading out every fact that gave a court, officer, or board jurisdiction to reach a prior judgment or determination, § 456 lets a party allege that the judgment or determination was duly given or made and has become final. That single allegation stands in for the underlying jurisdictional history.

The shortcut only holds while it goes unchallenged. If the adverse party controverts the allegation, the burden shifts back: the pleading party must then establish at trial the facts that conferred jurisdiction and made the judgment or determination final.

Frequently Asked Questions

Can I plead a prior judgment without describing how the court got jurisdiction?

Yes. Section 456 lets you allege that the judgment was duly given or made and has become final, without pleading the jurisdictional facts.

What happens if the other side disputes that a judgment is final?

Once the allegation is controverted, § 456 requires the pleading party to prove at trial the facts that conferred jurisdiction and established finality.

Amendment History

Amended by Stats. 1957, Ch. 1365.

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: pleading a prior judgment californiapleading jurisdiction shortcut