When the answer pleads that the action is barred by the statute of limitations, or by a prior judgment, or that another action is pending upon the same cause of action, or sets up any other defense not involving the merits of the plaintiff's cause of action but constituting a bar or ground of abatement to the prosecution thereof, the court may, either upon its own motion or upon the motion of any party, proceed to the trial of the special defense or defenses before the trial of any other issue in the case, and if the decision of the court, or the verdict of the jury, upon any special defense so tried (other than the defense of another action pending) is in favor of the defendant pleading the same, judgment for the defendant shall thereupon be entered and no trial of other issues in the action shall be had unless that judgment shall be reversed on appeal or otherwise set aside or vacated; and where the defense of another action pending or a demurrer based upon subdivision (c) of Section 430.10 is sustained (and no other special defense is sustained) an interlocutory judgment shall be entered in favor of the defendant pleading the same to the effect that no trial of other issues shall be had until the final determination of that other action, and the plaintiff may appeal from the interlocutory judgment in the same manner and within the same time as is now or may be hereafter provided by law for appeals from judgments. If the decision of the court, or the verdict of the jury, upon the special defense or defenses so tried is in favor of the plaintiff, trial of the other issues shall thereafter be had either upon the court's own motion or upon the motion of any party, and judgment shall be entered thereon in the same manner and with the same effect as if all the issues in the case had been tried at one time. In such an event any and all decisions or verdicts upon the special defense or defenses, and all rulings on the trial thereof shall be deemed excepted to and may be reviewed on motion for a new trial or upon appeal from the judgment. This section also applies to the trial of special defenses pleaded in an answer to a cross-complaint or a demurrer based upon subdivision (c) of Section 430.10, and if the decision of the court or the verdict of the jury upon the special defense or defenses is in favor of the cross-defendant, no further trial shall be had upon the issues raised by the cross-complaint, but trial of the other issues in the action shall thereafter be had either upon the court's own motion or upon the motion of any party, and after the trial thereof the judgment shall be entered in the action as is justified by the decision or verdict on such other issues, considered in connection with the decision or verdict upon the trial of such an affirmative defense raised in the answer to the cross-complaint.
§ 597.Proceeding to Trial of Special Defenses Constituting Bar Or Abatement Prior to Trial of Other Issues
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 3. Issues—The Mode of Trial and Postponements · Last amended 1986 · Last verified July 28, 2026
In one sentenceSection 597 lets the court try certain special defenses -- the statute of limitations, a prior judgment, another action pending on the same claim, or any other non-merits bar or ground of abatement -- before trying the rest of the case, entering judgment for the defendant if the defense succeeds and proceeding to the merits if it fails.
Full Text of § 597
Plain-English Summary
Some defenses don't require a full trial on the merits to resolve, and this section lets courts take advantage of that. When an answer pleads the statute of limitations, a prior judgment, another action pending on the same cause of action, or any other defense that doesn't go to the merits but would bar or abate the case, the court — on its own motion or any party's — can try that special defense first, ahead of everything else.
If the defense succeeds, judgment for the defendant follows immediately, and no other issue in the case gets tried unless that judgment is later reversed or set aside. There's one exception: when the winning defense is another action pending, or a demurrer sustained under § 430.10(c), the result is an interlocutory judgment barring further trial until the other action is finally resolved, and the plaintiff may appeal that interlocutory judgment just as from any other judgment.
If the special defense fails instead, the case moves forward to trial of the remaining issues, with judgment entered as though everything had been tried together from the start. Any rulings from the special-defense trial are deemed excepted to and remain reviewable on a new trial motion or appeal. The same procedure applies to special defenses raised against a cross-complaint.
Frequently Asked Questions
What kinds of defenses can be tried separately under § 597?
The statute of limitations, a prior judgment, another action pending on the same cause of action, or any other defense that doesn't reach the merits but bars or abates the case.
Who can request this separate trial?
The court on its own motion, or any party.
What happens if the special defense wins?
Judgment for the defendant is entered immediately, and no further trial of other issues occurs unless that judgment is reversed or set aside — except when the winning defense is another action pending or a § 430.10(c) demurrer, which produces an appealable interlocutory judgment instead.
What happens if the special defense loses?
The remaining issues are tried, and judgment is entered as if the whole case had been tried at one time, with the special-defense rulings still reviewable on appeal.
Does this apply to cross-complaints?
Yes. Section 597 extends the same separate-trial procedure to special defenses pleaded against a cross-complaint.
Amendment History
Amended by Stats. 1986, Ch. 540, Sec. 11.
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: separate trial statute of limitations defense californiabifurcated trial special defense