Section Five Hundred and Ninety-two. In actions for the recovery of specific, real, or personal property, with or without damages, or for money claimed as due upon contract, or as damages for breach of contract, or for injuries, an issue of fact must be tried by a jury, unless a jury trial is waived, or a reference is ordered, as provided in this Code. Where in these cases there are issues both of law and fact, the issue of law must be first disposed of. In other cases, issues of fact must be tried by the Court, subject to its power to order any such issue to be tried by a jury, or to be referred to a referee, as provided in this Code.
§ 592.Issue of Fact Tried By Jury
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 3. Issues—The Mode of Trial and Postponements · Last amended 1873 · Last verified July 28, 2026
In one sentenceSection 592 sends issues of fact in actions for recovery of real or personal property, money owed on contract, contract damages, or injuries to a jury unless waived or referred, requires legal issues resolved first when both are present, and leaves other factual issues to the court, subject to its discretion to order a jury or reference.
Full Text of § 592
Plain-English Summary
This section marks the historical boundary between jury cases and court cases. In actions for recovery of specific real or personal property, for money claimed due on contract, for damages from breach of contract, or for injuries, an issue of fact must go to a jury — unless the parties waive that right or the court orders a reference instead.
When a case like that has both legal and factual issues, § 592 requires the legal issue to be resolved first, following the general division § 588 sets up between issues of law and issues of fact.
Outside that list of enumerated actions, factual issues are tried by the court by default, though the court retains discretion to send any such issue to a jury or refer it to a referee, as the rest of this code allows. Section 631 governs how a jury trial can be waived, and § 638 covers references by agreement or court order.
Frequently Asked Questions
What kinds of actions get a jury trial as of right under § 592?
Actions for recovery of specific real or personal property, actions for money claimed due on contract, actions for damages for breach of contract, and actions for injuries.
Can the parties give up the right to a jury in those actions?
Yes, through waiver, or the court can order the matter referred instead.
What happens when a case has both an issue of law and an issue of fact?
The issue of law must be disposed of first.
Are factual issues in other kinds of actions ever tried by a jury?
They can be. Section 592 lets the court order any such issue tried by a jury or referred to a referee, even though the default in those other cases is trial by the court.
Amendment History
Amended by Code Amendments 1873-74, Ch. 383.
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
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