No action or proceeding commenced before this code takes effect, and no right accrued, is affected by its provisions, but the proceedings therein must conform to the requirements of this code as far as applicable.
§ 8.Actions, etc., not affected by this code
Preliminary Provisions · Enacted 1872 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 8 protects actions and rights that existed before the code took effect, requiring only that ongoing proceedings follow the new code’s procedures where they apply.
Full Text of § 8
Plain-English Summary
Section 8 keeps the 1872 codification from disturbing anything already underway. An action or proceeding that started before the code took effect isn’t undone by it, and a right that had already accrued isn’t taken away. The code doesn’t reach backward to unsettle what already existed.
Going forward, though, a pending case still has to follow the new code’s procedures to the extent they apply. The substance of the case is protected; the mechanics of litigating it fall under the new rules.
Frequently Asked Questions
Does the Code of Civil Procedure undo lawsuits that were already filed when it took effect?
No. Section 8 protects actions, proceedings, and rights that existed before the code took effect.
Do pending cases still have to follow the new code’s procedure?
Yes. Section 8 requires proceedings already underway to conform to the code’s requirements going forward, as far as they apply.
Amendment History
Enacted 1872.
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: pending actions not affected by CCPCCP section 8