Chapter 4 - Incidental Powers and Duties of Judicial Officers

California Code of Civil Procedure — §§ 177-179

Sections (4)

Amended by Stats. 2019, Ch. 787, Sec. 3. (AB 668) Effective January 1, 2020.

A judicial officer shall have power:

(a)To preserve and enforce order in the officer’s immediate presence, and in proceedings before the officer, when the officer is engaged in the performance of official duty.

(b)To compel obedience to the officer’s lawful orders as provided in this code.

(c)To compel the attendance of persons to testify in a proceeding before the officer, in the cases and manner provided in this code.

(d)To administer oaths to persons in a proceeding pending before the officer, and in all other cases where it may be necessary in the

exercise of the officer’s powers and duties.

(e)To prohibit activities that threaten access to state courthouses and court proceedings, and to prohibit interruption of judicial administration, including protecting the privilege from civil arrest at courthouses and court proceedings.

§ 177.5

Amended by Stats. 2005, Ch. 75, Sec. 27. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.

A judicial officer shall have the power to impose reasonable money sanctions, not to exceed fifteen hundred dollars ($1,500), notwithstanding any other provision of law, payable to the court, for any violation of a lawful court order by a person, done without good cause or substantial justification. This power shall not apply to advocacy of counsel before the court. For the purposes of this section, the term “person” includes a witness, a party, a party’s attorney, or both.

Sanctions

pursuant to this section shall not be imposed except on notice contained in a party’s moving or responding papers; or on the court’s own motion, after notice and opportunity to be heard. An order imposing sanctions shall be in writing and shall recite in detail the conduct or circumstances justifying the order.

§ 178

For the effectual exercise of the powers conferred by the last section, a judicial officer may punish for contempt in the cases provided in this Code.

§ 179

Amended by Stats. 2003, Ch. 62, Sec. 23. Effective January 1, 2004.

Each of the justices of the Supreme Court and of any court of appeal and the judges of the superior courts, shall have power in any part of the state to take and certify:

(a)The proof and acknowledgment of a conveyance of real property, or of any other written instrument.

(b)The acknowledgment of satisfaction of a judgment of any court.

(c)An affidavit or deposition

to be used in this state.