RulesofCivilProcedure.com Civil Procedure · Every State

§ 857.Setting Petition For Hearing, Notice

Title 10. Actions In Particular Cases · Chapter 8. Actions Against Coowners of Mines · Enacted 2016 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 857 requires the court clerk to set a § 855 petition for hearing and give notice by posting the hearing's time and place at the county courthouse at least ten days beforehand, while allowing the court to order additional notice it considers proper.

Full Text of § 857

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The clerk shall set the petition for hearing by the court and give notice of the hearing by causing a notice of the time and place of the hearing to be posted at the county courthouse at least 10 days before the hearing. The court may order such further notice as it deems proper.

Plain-English Summary

Once the petition is filed, the clerk takes over scheduling. Section 857 requires the clerk to set the petition for hearing and post notice of the time and place at the county courthouse at least ten days before the hearing date.

Courthouse posting is the statutory floor, not necessarily the ceiling. The court can order whatever further notice it thinks is proper under the circumstances -- useful if, say, the delinquent coowner's whereabouts are uncertain or the case calls for wider notice than a courthouse posting alone provides.

Frequently Asked Questions

Who sets the hearing date on the petition?

The court clerk.

How much advance notice is required?

At least ten days, given by posting notice of the time and place at the county courthouse.

Can the court require more notice than the courthouse posting?

Yes, the court may order such further notice as it deems proper.

Amendment History

Renumbered from Ca. Civ. Proc. Code §854 and amended by Stats 2016 ch 86 (SB 1171),s 36, eff. 1/1/2017.

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: hearing notice mining claim petition californiaposting notice county courthouse mine case