In all cases where the decision of the court has been entered in its minutes, and when the judge who heard or tried the case is unavailable, the formal judgment or order conforming to the minutes may be signed by the presiding judge of the court or by a judge designated by the presiding judge.
§ 635.Formal Judgment Or Order Conforming to Minutes Signed By Presiding Judge of Court
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 5. Trial by the Court · Last amended 1993 · Last verified July 28, 2026
In one sentenceSection 635 lets the presiding judge, or a judge the presiding judge designates, sign the formal judgment or order conforming to the court's minutes whenever the decision was entered in the minutes and the judge who heard or tried the case is unavailable to sign it.
Full Text of § 635
Plain-English Summary
Judges retire, transfer, or become unavailable between a decision and the paperwork that formalizes it. This section keeps a case from stalling when that happens. If the court's decision was already entered in its minutes, and the judge who heard or tried the case can't sign the formal judgment or order, the presiding judge — or a judge the presiding judge designates — can sign it instead, as long as it conforms to what the minutes already say.
Frequently Asked Questions
What happens if the judge who tried a case becomes unavailable before signing the judgment?
The presiding judge, or a judge designated by the presiding judge, may sign the formal judgment or order, as long as it conforms to the decision already entered in the court's minutes.
Does the substitute judge get to change what the decision says?
No, the substitute signature has to conform to the decision already entered in the court's minutes.
Amendment History
Amended by Stats. 1992, Ch. 876, Sec. 5. Effective January 1, 1993.
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: judgment signed by different judge california