In actions involving the title to mining claims, or involving trespass for damage upon mining claims, if it be made to appear to the satisfaction of the court that, in order that justice may be done and the action fairly tried on its merits, it is necessary that further developments should be made, underground or upon the surface of the mining claims involved in such action, the court shall grant the postponement of the trial of the action, giving the party a reasonable time in which to prepare for trial and to do said development work.
§ 595.3.Postponement In Actions Involving Mining Claims
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 3. Issues—The Mode of Trial and Postponements · Enacted 1965 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 595.3 requires the court to postpone the trial of an action involving title to or trespass upon mining claims, giving the party a reasonable time to prepare for trial and complete necessary underground or surface development work, when further development is needed for a fair trial on the merits.
Full Text of § 595.3
Plain-English Summary
Mining claims often can't be litigated well without further physical work on the ground. This section addresses that reality directly: in actions involving title to mining claims, or trespass causing damage to them, if the court is satisfied that justice requires further development — underground or on the surface of the claims at issue — the court must grant a postponement of the trial.
The postponement isn't just a delay; it comes with a reasonable amount of time for the party to both prepare for trial and carry out the development work the case depends on.
Frequently Asked Questions
What kind of actions does § 595.3 apply to?
Actions involving title to mining claims, and actions involving trespass causing damage to mining claims.
What must be shown to get this postponement?
That further development, underground or on the surface of the claims involved, is necessary for justice to be done and the action tried well on its merits.
What does the postponement give the party time to do?
Both to prepare for trial and to complete the necessary development work.
Amendment History
Added by Stats. 1965, Ch. 1989.
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: mining claim trial postponement california