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§ 751.17.Applicability of Rules and Law Relating to Civil Actions

Title 10. Actions In Particular Cases · Chapter 3.5. Actions to Re-establish Destroyed Land Records · Enacted 1953 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 751.17 applies the general rules of evidence, pleading, practice, new trials, and appeals used in other civil actions to actions under this chapter, except where this chapter provides otherwise.

Full Text of § 751.17

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Except as otherwise provided in this chapter, all rules of law relating to evidence, pleading, practice, new trials, and appeals applicable to other civil actions shall apply to actions authorized by this chapter.

Plain-English Summary

Chapter 3.5 sets out a distinctive procedure for summons, service, and judgment, but it doesn't try to reinvent every rule of civil litigation. This section fills in the rest: except where this chapter says something different, the ordinary rules governing evidence, pleading, practice, new trials, and appeals in other civil actions apply here too.

That default matters for anything the chapter doesn't specifically address — for example, general civil discovery practices, standard rules of evidence at trial, or the ordinary path for appealing an adverse judgment. Litigants and courts fall back on the familiar civil rulebook except for the pieces this chapter has deliberately customized, like the ban on default judgments in § 751.14 or the special jurisdiction rule in § 751.11.

Frequently Asked Questions

Do the ordinary rules of civil procedure apply to actions under this chapter?

Yes, except where this chapter specifically provides a different rule.

What areas of civil practice does this section cover?

Evidence, pleading, practice, new trials, and appeals — the general rules applicable to other civil actions.

What are examples of rules this chapter changes from ordinary civil practice?

The bar on default judgments in § 751.14 and the special jurisdiction and deemed-possession rule in § 751.11 are both departures from the general civil rules this section otherwise imports.

Amendment History

Added by Stats. 1953, Ch. 52.

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: civil procedure rules destroyed land records action