Each party shall file with the court and serve upon the other party within the time prescribed by rule any affidavits and points and authorities intended to be relied upon at the hearing. At the hearing, the court shall make its determinations upon the basis of the pleadings and other papers in the record; but, upon good cause shown, the court may receive and consider additional evidence and authority produced at the hearing or may continue the hearing for the production of such additional evidence, oral or documentary, or the filing of other affidavits or points and authorities.
§ 512.050.Affidavits and Points and Authorities; Evidence At Hearing
Title 7. Other Provisional Remedies In Civil Actions · Chapter 2. Claim and Delivery of Personal Property · Article 2. Writ of Possession · Enacted 1973 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 512.050 requires each party to file and serve affidavits and points and authorities within the time set by rule, has the court decide the writ of possession issue on the record filed, and lets the court receive additional evidence or continue the hearing for good cause.
Full Text of § 512.050
Plain-English Summary
This section runs the mechanics of the writ of possession hearing itself. Each side files with the court, and serves on the other, any affidavits and points and authorities it plans to rely on, within whatever time the applicable rule sets. That exchange gives both sides fair notice of what the other intends to argue before the hearing happens.
At the hearing, the court's baseline is the paper record — the pleadings and other papers already on file. But that baseline isn't a ceiling. Upon good cause shown, the court can receive and consider additional evidence and authority offered at the hearing itself, or continue the hearing to let a party produce more evidence, whether oral or documentary, or file additional affidavits or points and authorities.
This same procedure gets pulled into other parts of the chapter by reference — most notably the defendant's motion to quash an ex parte writ issued under § 512.020(b), which explicitly applies § 512.050's procedure to that later hearing.
Frequently Asked Questions
What must each party file before the writ of possession hearing?
Any affidavits and points and authorities the party intends to rely on at the hearing, filed with the court and served on the other party within the time the rule prescribes.
Is the court limited to the papers already on file at the hearing?
Not necessarily. For good cause, the court can receive and consider additional evidence and authority at the hearing, or continue the hearing so more evidence or filings can be produced.
Does this hearing procedure apply to a motion to quash an ex parte writ?
Yes. Section 512.020(b) expressly applies § 512.050's procedure to a defendant's motion to quash a writ issued ex parte on the commercial-property ground.
Amendment History
Added by Stats. 1973, Ch. 526.
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: writ of possession hearing procedure california