Store Research

Code of Civil Procedure section 618 as enacted in 1872

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Code of Civil Procedure section 618 was added in 1872 with the enactment of California's first Code of Civil Procedure. (See Exhibit A, #1) The enactment of the Code of Civil Procedure was part of a huge undertaking to codify existing law in California into four different codes: Civil Code, Code of Civil Procedure, Political Code, and Penal Code. The effort was generated by the appointment of a Code Commission the late 1860s by the Legislature. Because so much of this codification effort has little direct impact on understanding individual sections adopted, we include an overview of the code effort and a listing of documents that are available pertaining to the codification process. (Id.) Since these provide no direction discussion of Code of Civil Procedure section 618 we will forward the listed documents on request only.

A review of the Overview shows that some of the California Code of Civil Procedure sections were simply enacting New York provisions. This does not appear directly to be the case with Code of Civil Procedure section 618.

Prior to the enactment of the California Code of Civil Procedure in 1872, the State Printer published a proposed California Code of Civil Procedure in 1871. It is sometimes referred to as the “rejected edition” of the new Code. Although it was presented to the Legislature, the code was not enacted in 1871. (See Exhibit A, #2) It was then followed with an annotated publication of the new Code by Commissioners Haymond and Burch in 1872. (See Exhibit A, #3)