The Judicial Council may provide by rule for the practice and procedure in proceedings under this chapter.
§ 516.010.Rule Providing For Practice and Procedure
Title 7. Other Provisional Remedies In Civil Actions · Chapter 2. Claim and Delivery of Personal Property · Article 6. Miscellaneous Provisions · Enacted 1973 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 516.010 authorizes the Judicial Council to adopt rules governing the practice and procedure used in proceedings under this chapter.
Full Text of § 516.010
Plain-English Summary
This section hands the Judicial Council rulemaking authority over how claim and delivery proceedings run day to day in practice. Rather than the Legislature specifying every procedural detail in the statute itself, the Judicial Council can fill gaps and standardize practice through its own rules.
This authority connects directly to § 512.050, which requires each party to file and serve affidavits and points and authorities within the time prescribed by rule — a timing detail the Judicial Council, not the statute, is left to set.
Frequently Asked Questions
Who sets the detailed procedural rules for claim and delivery proceedings in California?
The Judicial Council may provide by rule for the practice and procedure in proceedings under this chapter.
Where does this rulemaking authority get used in the chapter?
Section 512.050, among others, relies on a Judicial Council rule to set the deadline for filing and serving affidavits and points and authorities before the hearing.
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: judicial council rules claim and delivery california