The provisions of this code, so far as they are substantially the same as existing statutes must be construed as continuations thereof, and not as new enactments.
§ 5.Provisions similar to existing laws, how construed
Preliminary Provisions · Enacted 1872 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 5 provides that any part of the code that restates an existing statute is treated as a continuation of that statute, not as a brand-new enactment.
Full Text of § 5
Plain-English Summary
When the Legislature adopted the Code of Civil Procedure, much of it carried forward rules that already existed in separate statutes. Section 5 makes clear that carrying a rule into the code doesn’t reset its legal history. Where a code provision is substantially the same as an existing statute, the law treats it as a continuation of that statute rather than as something new.
That distinction matters for things like statutes of limitations and vested rights, where whether a rule is “new” or merely “continued” can change the outcome. Section 9, right after this one, applies the same continuity principle specifically to limitations periods already running.
Frequently Asked Questions
Does adopting the Code of Civil Procedure create new law out of provisions that already existed?
No. Under Section 5, a code provision that is substantially the same as an existing statute continues that statute rather than replacing it with something new.
Why does it matter whether a provision is “continued” rather than “new”?
Because rights, deadlines, and pending matters tied to the older statute carry forward instead of restarting, which affects things like statutes of limitations already in progress.
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: continuation of existing statutes CCPCCP section 5