The term "proceeding in a court" as it is used in Section 595 shall include any discovery proceeding, pretrial conference, deposition, interrogatory, or any other proceeding arising out of a pending civil action. The enactment of this section at the 1965 Regular Session of the Legislature does not constitute a change in, but is declaratory of, the preexisting law.
§ 595.1.Proceeding In a Court Construed
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 3. Issues—The Mode of Trial and Postponements · Enacted 1890 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 595.1 defines "proceeding in a court," as used in the legislator-postponement rule of § 595, to include any discovery proceeding, pretrial conference, deposition, interrogatory, or other proceeding arising out of a pending civil action, declaring this a clarification of existing law rather than a change.
Full Text of § 595.1
Plain-English Summary
This section closes a potential gap in § 595's protection for legislator-litigants, attorneys, and witnesses. It confirms that "proceeding in a court," the phrase § 595 uses to describe what can be postponed, reaches beyond trials and hearings to include discovery proceedings, pretrial conferences, depositions, and interrogatories — anything arising out of a pending civil action.
The Legislature was careful to say this wasn't new law: enacting this definition in 1965 was declared to be declaratory of the law that already existed, not a substantive change. In practice, it means a legislator-attorney can't be forced to sit for a deposition or answer interrogatories during a protected legislative session any more than that attorney could be forced into a trial.
Frequently Asked Questions
What does "proceeding in a court" include under § 595?
Any discovery proceeding, pretrial conference, deposition, interrogatory, or other proceeding arising out of a pending civil action.
Did this section change the law when it was enacted?
No. Section 595.1 states that its 1965 enactment is declaratory of preexisting law, not a change to it.
Does this mean a legislator-attorney can be forced to sit for a deposition during session?
No. Because depositions count as a "proceeding in a court" under this section, they're subject to the same mandatory postponement § 595 requires.
Amendment History
Added by Stats. 1965, Ch. 1890.
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: proceeding in a court defined californiadiscovery postponement legislator