California

Code of Civil Procedure - CCP

3,424 sections, each with the official text and a plain-English explanation of what it means for you.

• § 873.670 — (a) A sale at public auction to the highest bidder shall be held in the county in which the action is pending or such other place as may be specified by the court.
• § 873.680 — (a) A sale at private sale shall not be made before the day specified in the notice of sale but shall be made within one year thereafter.
• § 873.690 — (a) The following persons shall not purchase property sold in the action directly or indirectly: (1) The referee.
• § 873.710 — (a) Upon making a sale of property, the referee shall report the sale to the court.
• § 873.720 — (a) A purchaser, the referee, or any party may move the court to confirm or set aside the sale.
• § 873.730 — (a) At the hearing, the court shall examine the report and witnesses in relation to the report.
• § 873.740 — (a) If at the hearing under Section 873.
• § 873.745 — The amount of agents’ commissions on the sale, if any, shall be fixed by the court and divided or limited in the manner provided for private sales of real property in decedents’ estates.
• § 873.750 — (a) Upon confirmation of a sale, the court shall order the referee to execute a conveyance or other instrument of transfer, to collect the proceeds, take security, and perform other acts required to c
• § 873.760 — If the purchaser, after the confirmation of the sale, fails to pay the sale price, the purchaser is subject to the court’s jurisdiction and to further proceedings in the action.
• § 873.770 — Where the purchaser is a party or lienholder entitled to a share of the proceeds of sale, the referee may: (a) Take the purchaser’s receipt for so much of the proceeds of sale as belongs to the purcha
• § 873.780 — The court may make orders relating to the closing of a sale after confirmation, including escrow and closing provisions and, if the referee and purchaser so agree and the court upon noticed motion det
• § 873.790 — (a) Upon fulfillment of the terms of sale, the referee shall execute a conveyance or other instrument of transfer to the purchaser.
• § 873.810 — The court shall order the proceeds of sale and any security therefor to be paid, transferred, deposited in court, placed in trust, or invested in State of California or United States government obliga
• § 873.820 — The proceeds of sale for any property sold shall be applied in the following order: (a) Payment of the expenses of sale.
• § 873.830 — Where a part only of the property is sold, a tenant for life or years in an undivided share of the whole property may have his estate equitably set off in any part of the property not sold by way of c
• § 873.840 — (a) The court shall ascertain the proportion of the proceeds of sale that will be a just and reasonable sum for the satisfaction of the estate of a tenant for life or years and shall order such amount
• § 873.850 — When the proceeds of the sale belonging to persons who are parties to the action, whether known or unknown, have not been allocated among such parties, the action may be continued as between such part
• § 873.910 — When the interests of all parties are undisputed or have been adjudicated, the parties may agree upon a partition by appraisal pursuant to this chapter.
• § 873.920 — The agreement shall be in writing filed with the clerk of court and shall include: (a) A description of the property.
• § 873.930 — (a) Any party to the agreement may, upon noticed motion, apply to the court for approval of the agreement.
• § 873.940 — The court shall appoint one referee or, if provided in the agreement, three referees to appraise the property and the interests involved.
• § 873.950 — Any party to the agreement or the referee, upon 10 days’ notice to the referee if the referee is not the moving party and to the other parties to the agreement, may move the court to confirm, modify,
• § 873.960 — At the hearing, the court shall examine the report and witnesses.
• § 873.970 — The agreement binds the heirs, executors, administrators, successors, and assigns of the parties.
• § 873.980 — The provisions of this chapter are cumulative and if, for default or other cause, interests are not transferred and acquired pursuant to this chapter, the parties may pursue their other rights of part
• § 874.010 — The costs of partition include: (a) Reasonable attorney’s fees incurred or paid by a party for the common benefit.
• § 874.020 — The costs of partition include reasonable expenses, including attorney’s fees, necessarily incurred by a party for the common benefit in prosecuting or defending other actions or other proceedings for
• § 874.030 — Where disbursements have been made by a party under the direction of the court, interest at the legal rate shall be allowed thereon from the time of making such disbursements.
• § 874.040 — Except as otherwise provided in this article, the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.
• § 874.050 — (a) The court may order that the share of the costs apportioned to a future interest be paid by other parties to the action or by the persons who are then the presumptive owners of the future interest
• § 874.110 — (a) The costs of partition as apportioned by the court may be ordered paid in whole or in part prior to judgment.
• § 874.120 — (a) The costs shall be a lien on the share of the party specified.
• § 874.130 — Upon application of a person entitled to a lien imposed under this article and upon a showing of good cause, the court may order a sale of all or a portion of the property before or after judgment for
• § 874.140 — A judgment for unpaid costs of partition may be enforced by the person entitled to the costs in the manner provided for enforcement of money judgments generally against the share of the party specifie
• § 874.210 — The judgment in the action is binding and conclusive on all of the following: (a) All persons known and unknown who were parties to the action and who have or claim any interest in the property, wheth
• § 874.225 — Except to the extent provided in Section 1908, the judgment does not affect a claim in the property or part thereof of any person who was not a party to the action if any of the following conditions i
• § 874.240 — A conveyance or transfer pursuant to Sections 873.
• § 874.311 — (a) This act shall be known, and may be cited, as the Partition of Real Property Act.
• § 874.312 — For purposes of this chapter, the following definitions apply: (a) “Determination of value” means a court order determining the fair market value of the property under Section 874.
• § 874.313 — (a) In an action to partition real property, the property shall be partitioned under this chapter unless all of the cotenants otherwise agree in a record.
• § 874.314 — (a) This act does not limit or affect the method by which service of a complaint in a partition action may be made.
• § 874.315 — If the court appoints referees pursuant to Section 873.
• § 874.316 — (a) Except as otherwise provided in subdivisions (b) and (c), the court shall determine the fair market value of the property by ordering an appraisal pursuant to subdivision (d).
• § 874.317 — (a) If any cotenant requested partition by sale, the court shall, after the determination of value under Section 874.
• § 874.318 — (a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to Section 874.
• § 874.319 — (a) In determining whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider the following: (1) Whether the property practicably can be divided am
• § 874.320 — (a) If the court orders a sale of property, the sale shall be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the bes
• § 874.321 — (a) A broker appointed to offer property for open-market sale shall file a report with the court not later than seven days after receiving an offer to purchase the property for at least the value dete
• § 874.321.5 — In an action for partition of property, the court may apportion the costs of partition, including an appraisal fee, pursuant to Section 874.
• § 874.323 — This act modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act (15 U.
• § 875 — (a) Where a money judgment has been rendered jointly against two or more defendants in a tort action there shall be a right of contribution among them as hereinafter provided.
• § 876 — (a) The pro rata share of each tortfeasor judgment debtor shall be determined by dividing the entire judgment equally among all of them.
• § 877 — Where a release, dismissal with or without prejudice, or a covenant not to sue or not to enforce judgment is given in good faith before verdict or judgment to one or more of a number of tortfeasors cl
• § 877.5 — (a) Where an agreement or covenant is made which provides for a sliding scale recovery agreement between one or more, but not all, alleged defendant tortfeasors and the plaintiff or plaintiffs: (1) Th
• § 877.6 — (a) (1) Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of
• § 878 — Judgment for contribution may be entered by one tortfeasor judgment debtor against other tortfeasor judgment debtors by motion upon notice.
• § 879 — If any provision of this title or the application thereof to any person is held invalid, such invalidity shall not affect other provisions or applications of the title which can be given effect withou
• § 88 — A civil action or proceeding other than a limited civil case may be referred to as an unlimited civil case.
• § 880 — This title shall become effective as to causes of action accruing on or after January 1, 1958.
• § 881 — This chapter governs contribution among joint judgment debtors other than joint tortfeasors.
• § 882 — If two or more judgment debtors are jointly liable on a money judgment: (a) A judgment debtor who has satisfied more than his or her due proportion of the judgment, whether voluntarily or through enfo
• § 883 — (a) A judgment debtor entitled to compel contribution or repayment pursuant to this chapter may apply on noticed motion to the court that entered the judgment for an order determining liability for co
• § 89 — (a) The existence of a statute relating to the authority of the court in a limited civil case does not, by itself, imply that the same authority does or does not exist in an unlimited civil case.
• § 9 — When a limitation or period of time prescribed in any existing statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this code goes into effect, and the
• § 90 — Except where changed by the provisions of this article, all provisions of law applicable to civil actions generally apply to actions subject to this article.
• § 901 — A judgment or order in a civil action or proceeding may be reviewed as prescribed in this title.
• § 902 — Any party aggrieved may appeal in the cases prescribed in this title.
• § 902.1 — In any case in which a notice was required pursuant to subdivision (e) of Section 664.
• § 903 — In the event of the death of any person who would, if still alive, have a right of appeal, either the attorney of record representing the decedent in the court in which the judgment was rendered, or t
• § 904 — An appeal may be taken in a civil action or proceeding as provided in Sections 904.
• § 904.1 — (a) An appeal, other than in a limited civil case, is to the court of appeal.
• § 904.2 — An appeal of a ruling by a superior court judge or other judicial officer in a limited civil case is to the appellate division of the superior court.
• § 904.3 — An appeal shall not be taken from a judgment of the appellate division of a superior court granting or denying a petition for issuance of a writ of mandamus or prohibition directed to the superior cou
• § 904.5 — Appeals from the small claims division of a superior court shall be governed by the Small Claims Act (Chapter 5.
• § 906 — Upon an appeal pursuant to Section 904.
• § 907 — When it appears to the reviewing court that the appeal was frivolous or taken solely for delay, it may add to the costs on appeal such damages as may be just.
• § 908 — When the judgment or order is reversed or modified, the reviewing court may direct that the parties be returned so far as possible to the positions they occupied before the enforcement of or execution
• § 909 — In all cases where trial by jury is not a matter of right or where trial by jury has been waived, the reviewing court may make factual determinations contrary to or in addition to those made by the tr
• § 91 — (a) Except as otherwise provided in this section, the provisions of this article apply to every limited civil case.
• § 911 — A court of appeal may order any case on appeal to a superior court in its district transferred to it for hearing and decision as provided by rules of the Judicial Council when the superior court certi
• § 912 — Upon final determination of an appeal by the reviewing court, the clerk of the court shall remit to the trial court a certified copy of the judgment or order of the reviewing court and of its opinion,
• § 913 — The dismissal of an appeal shall be with prejudice to the right to file another appeal within the time permitted, unless the dismissal is expressly made without prejudice to another appeal.
• § 914 — When the right to a phonographic report has not been waived and when it shall be impossible to have a phonographic report of the trial transcribed by a stenographic reporter as provided by law or by r
• § 916 — (a) Except as provided in Sections 917.
• § 917.1 — (a) Unless an undertaking is given, the perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order is for any of the following: (1) Money o
• § 917.10 — (a) The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court, in the absence of an order of the trial court providing otherwise, under any of the following ci
• § 917.15 — The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order appealed from, or the administrative order which is the subject of the trial
• § 917.2 — The perfecting of an appeal shall not stay enforcement of the judgment or order of the trial court if the judgment or order appealed from directs the assignment or delivery of personal property, inclu
• § 917.3 — The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order appealed from directs the execution of one or more instruments unless the in
• § 917.4 — The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order appealed from directs the sale, conveyance or delivery of possession of real
• § 917.5 — The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order appealed from appoints a receiver, unless an undertaking in a sum fixed by t
• § 917.6 — The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order appealed from directs the performance of two or more of the acts specified i
• § 917.65 — The perfecting of an appeal shall not stay enforcement of a right to attach order unless an undertaking is given.
• § 917.7 — The perfecting of an appeal shall not stay proceedings as to those provisions of a judgment or order which award, change, or otherwise affect the custody, including the right of visitation, of a minor
• § 917.75 — The perfecting of an appeal shall not stay enforcement of the judgment or order of the trial court awarding attorney’s fees or costs, or both, if the judgment or order appealed from was rendered in a
• § 917.8 — The perfecting of an appeal does not stay proceedings, in the absence of an order of the trial court providing otherwise or of a writ of supersedeas, under any of the following circumstances: (a) If a
• § 917.9 — (a) The perfecting of an appeal shall not stay enforcement of the judgment or order in cases not provided for in Sections 917.
• § 918 — (a) Subject to subdivision (b), the trial court may stay the enforcement of any judgment or order.
• § 918.5 — (a) The trial court may, in its discretion, stay the enforcement of a judgment or order if the judgment debtor has another action pending on a disputed claim against the judgment creditor.
• § 919 — The trial court may, in its discretion, dispense with or limit the security required by any section in this chapter, when the appellant is an executor, administrator, trustee, guardian, conservator or
• § 92 — (a) The pleadings allowed are complaints, answers, cross-complaints, answers to cross-complaints and general demurrers.
• § 921 — An appeal by a party who has levied an attachment shall not continue in force the attachment, unless an undertaking is executed and filed on the part of the appellant that the appellant will pay all c
• § 922 — If an undertaking required or permitted by this title is objected to by the respondent and the court determines the undertaking is insufficient and a sufficient undertaking is not given within the tim
• § 923 — The provisions of this chapter shall not limit the power of a reviewing court or of a judge thereof to stay proceedings during the pendency of an appeal or to issue a writ of supersedeas or to suspend
• § 93 — (a) The plaintiff has the option to serve case questionnaires with the complaint, using forms approved by the Judicial Council.
• § 936.1 — An appeal from any judgment or order in any civil commitment or other proceeding wherein the appellant would be entitled to the appointment of counsel on appeal if indigent shall be initiated by the f
• § 94 — Discovery is permitted only to the extent provided by this section and Section 95.
• § 95 — (a) The court may, on noticed motion and subject to such terms and conditions as are just, authorize a party to conduct additional discovery, but only upon a showing that the moving party will be unab
• § 96 — (a) Any party may serve on any other party a request in substantially the following form: TO: , attorney for : You are requested to serve on the undersigned, within 20 days, a statement of: the names
• § 97 — (a) Except as provided in this section, upon objection of a party who served a request in compliance with Section 96, no party required to serve a responding statement may call a witness or introduce
• § 98 — A party may, in lieu of presenting direct testimony, offer the prepared testimony of relevant witnesses in the form of affidavits or declarations under penalty of perjury.
• § 989 — When a judgment is recovered against one or more of several persons, jointly indebted upon an obligation, by proceeding as provided in Section 410.
• § 99 — A judgment or final order, in respect to the matter directly adjudged, is conclusive between the parties and their successors in interest but does not operate as collateral estoppel of a party or a su
• § 990 — The summons specified in Section 989 shall be issued by the clerk upon presentation of the affidavit specified in Section 991.
• § 991 — The summons must be accompanied by an affidavit of the plaintiff, his agent, representative, or attorney, that the judgment, or some part thereof, remains unsatisfied, and must specify the amount due
• § 992 — Upon such summons, the defendant may answer within the time specified therein, denying the judgment, or setting up any defense which may have arisen subsequently; or he may deny his liability on the o
• § 993 — If the defendant, in his answer, denies the judgment, or sets up any defense which may have arisen subsequently, the summons, with the affidavit annexed, and the answer, constitute the written allegat
• § 994 — The issues formed may be tried as in other cases; but when the defendant denies, in his answer, any liability on the obligation upon which the judgment was rendered, if a verdict be found against him,
• § 995.010 — This chapter shall be known and may be cited as the Bond and Undertaking Law.
• § 995.020 — (a) The provisions of this chapter apply to a bond or undertaking executed, filed, posted, furnished, or otherwise given as security pursuant to any statute of this state, except to the extent the sta
• § 995.030 — If service of a notice, paper, or other document is required under this chapter, service shall be made in the same manner as service of process in civil actions generally.
• § 995.040 — An affidavit made under this chapter shall conform to the standards prescribed for an affidavit made pursuant to Section 437c.
• § 995.050 — The times provided in this chapter, or in any other statute relating to a bond given in an action or proceeding, may be extended pursuant to Sections 1054 and 1054.
• § 995.110 — Unless the provision or context otherwise requires, the definitions in this article govern the construction of this chapter.
• § 995.120 — (a) “Admitted surety insurer” means a corporate insurer or a reciprocal or interinsurance exchange to which the Insurance Commissioner has issued a certificate of authority to transact surety insuranc
• § 995.130 — (a) “Beneficiary” means the person for whose benefit a bond is given, whether executed to, in favor of, in the name of, or payable to the person as an obligee.
• § 995.140 — (a) “Bond” includes both of the following: (1) A surety, indemnity, fiduciary, or like bond executed by both the principal and sureties.
• § 995.150 — “Court” means, if a bond is given in an action or proceeding, the court in which the action or proceeding is pending.
• § 995.160 — “Officer” means the sheriff, marshal, clerk of court, judge or magistrate (if there is no clerk), board, commission, department, or other public official or entity to whom the bond is given or with wh
• § 995.170 — (a) “Principal” means the person who gives a bond.
• § 995.180 — “Statute” includes administrative regulation promulgated pursuant to statute.
• § 995.185 — (a) “Surety” has the meaning provided in Section 2787 of the Civil Code and includes personal surety and admitted surety insurer.
• § 995.190 — “Undertaking” means a surety, indemnity, fiduciary, or like undertaking executed by the sureties alone.
• § 995.210 — Unless the provision or context otherwise requires: (a) If a statute provides for a bond, an undertaking that otherwise satisfies the requirements for the bond may be given in its place with the same
• § 995.220 — Notwithstanding any other statute, if a statute provides for a bond in an action or proceeding, including but not limited to a bond for issuance of a restraining order or injunction, appointment of a
• § 995.230 — The beneficiary of a bond given in an action or proceeding may in writing consent to the bond in an amount less than the amount required by statute or may waive the bond.
• § 995.240 — The court may, in its discretion, waive a provision for a bond in an action or proceeding and make such orders as may be appropriate as if the bond were given, if the court determines that the princip
• § 995.250 — If a statute allows costs to a party in an action or proceeding, the costs shall include all of the following: (a) The premium on a bond reasonably paid by the party pursuant to a statute that provide
• § 995.260 — If a bond is recorded pursuant to statute, a certified copy of the record of the bond with all affidavits, acknowledgments, endorsements, and attachments may be admitted in evidence in an action or pr
• § 995.310 — Unless the statute providing for the bond requires execution by an admitted surety insurer, a bond shall be executed by two or more sufficient personal sureties or by one sufficient admitted surety in
• § 995.311 — (a) Notwithstanding any other provision of law, any bond required on a public works contract, as defined in Section 1101 of the Public Contract Code, shall be executed by an admitted surety insurer.
• § 995.320 — (a) A bond shall be in writing signed by the sureties under oath and shall include all of the following: (1) A statement that the sureties are jointly and severally liable on the obligations of the st
• § 995.330 — A bond or undertaking given in an action or proceeding may be in the following form: “(Title of court.
• § 995.340 — If a bond is given in an action or proceeding: (a) The bond shall be filed with the court unless the statute providing for the bond requires that the bond be given to another person.
• § 995.350 — (a) Upon the filing of a bond with the court in an action or proceeding, the clerk shall enter in the register of actions the following information: (1) The date and amount of the bond.
• § 995.360 — A bond given in an action or proceeding may be withdrawn from the file and returned to the principal on order of the court only if one of the following conditions is satisfied: (a) The beneficiary so
• § 995.370 — At the time a bond is given, the principal shall serve a copy of the bond on the beneficiary.
• § 995.380 — (a) If a bond does not contain the substantial matter or conditions required by this chapter or by the statute providing for the bond, or if there are any defects in the giving or filing of the bond,
• § 995.410 — (a) A bond becomes effective without approval unless the statute providing for the bond requires that the bond be approved by the court or officer.
• § 995.420 — (a) Unless the statute providing for a bond provides that the bond becomes effective at a different time, a bond is effective at the time it is given or, if the statute requires that the bond be appro
• § 995.430 — A bond remains in force and effect until the earliest of the following events: (a) The sureties withdraw from or cancel the bond or a new bond is given in place of the original bond.
• § 995.440 — A bond given as a condition of a license or permit shall be continuous in form, remain in full force and effect, and run concurrently with the license or permit period and any and all renewals, or unt
• § 995.510 — (a) A personal surety on a bond is sufficient if all of the following conditions are satisfied: (1) The surety is a person other than the principal.
• § 995.520 — (a) A bond executed by personal sureties shall be accompanied by an affidavit of qualifications of each surety.
• § 995.610 — (a) If a statute provides for a bond with any number of sureties, one sufficient admitted surety insurer may become and shall be accepted as sole surety on the bond.
• § 995.620 — Two or more admitted surety insurers may be sureties on a bond by executing the same or separate bonds for amounts aggregating the required amount of the bond.
• § 995.630 — An admitted surety insurer shall be accepted or approved by the court or officer as surety on a bond without further acknowledgment if the bond is executed in the name of the surety insurer under pena
• § 995.640 — Upon review of the Internet Web site of the Department of Insurance, the county clerk of any county shall, upon request of any person, do any of the following: (a) Issue a certificate stating whether
• § 995.650 — If an objection is made to the sufficiency of an admitted surety insurer, the person making the objection shall attach to and incorporate in the objection one or both of the following: (a) The certifi
• § 995.660 — (a) If an objection is made to the sufficiency of an admitted surety insurer on a bond or if the bond is required to be approved, the insurer shall submit to the court or officer the following documen
• § 995.670 — (a) This section applies to a bond executed, filed, posted, furnished, or otherwise given as security pursuant to any statute of this state or any law or ordinance of a public agency.
• § 995.675 — Notwithstanding Sections 995.
• § 995.710 — (a) Except as provided in subdivision (e) or to the extent the statute providing for a bond precludes a deposit in lieu of bond or limits the form of deposit, the principal may, without prior court ap
• § 995.720 — (a) The market value of bonds or notes, including bearer bonds and bearer notes, shall be agreed upon by stipulation of the principal and beneficiary or, if the bonds or notes are given in an action o
• § 995.730 — A deposit given instead of a bond has the same force and effect, is treated the same, and is subject to the same conditions, liability, and statutory provisions, including provisions for increase and
• § 995.740 — If no proceedings are pending to enforce the liability of the principal on the deposit, the officer shall: (a) Pay quarterly, on demand, any interest on the deposit, when earned in accordance with the
• § 995.750 — (a) The principal shall pay the amount of the liability on the deposit within 30 days after the date on which the judgment of liability becomes final.
• § 995.760 — (a) If the principal does not pay the amount of the liability on the deposit within the time prescribed in Section 995.
• § 995.770 — A deposit given pursuant to this article shall be returned to the principal at the earliest of the following times: (a) Upon substitution of a sufficient bond for the deposit.
• § 995.810 — The provisions of this article apply to a bond executed to, in favor of, in the name of, or payable to the State of California or the people of the state, including but not limited to an official bond
• § 995.820 — Except as otherwise provided by statute, a bond given by an officer of the court for the faithful discharge of the officer’s duties and obedience to the orders of the court shall be to the State of Ca
• § 995.830 — If a statute or court order pursuant thereto providing for a bond does not specify the beneficiary of the bond, the bond shall be to the State of California.
• § 995.840 — If a bond under this article is given in an action or proceeding: (a) The bond shall be approved by the court.
• § 995.850 — (a) The liability on a bond under this article may be enforced by or for the benefit of, and in the name of, any and all persons for whose benefit the bond is given who are damaged by breach of the co
• § 995.910 — This article governs objections to a bond given in an action or proceeding.
• § 995.920 — The beneficiary may object to a bond on any of the following grounds: (a) The sureties are insufficient.
• § 995.930 — (a) An objection shall be in writing and shall be made by noticed motion.
• § 995.940 — If a ground for the objection is that the value of property or an interest in property on which the amount of the bond is based exceeds the value estimated in the bond: (a) The objection shall state t
• § 995.950 — (a) Unless the parties otherwise agree, the hearing on an objection shall be held not less than two or more than five days after service of the notice of motion.
• § 995.960 — (a) Upon the hearing, the court shall make an order determining the sufficiency or insufficiency of the bond.
• § 996.010 — (a) If a bond is given in an action or proceeding, the court may determine that the bond is or has from any cause become insufficient because the sureties are insufficient or because the amount of the
• § 996.020 — (a) If a bond is given other than in an action or proceeding and it is shown by affidavit of a credible witness or it otherwise comes to the attention of the officer that the bond is or has from any c
• § 996.030 — (a) The court if a bond is given or ordered in an action or proceeding, or the officer if a bond is given or ordered other than in an action or proceeding, may determine that the amount of the bond is
• § 996.110 — (a) A surety on a bond given in an action or proceeding may at any time apply to the court for an order that the surety be released from liability on the bond.
• § 996.120 — Upon the hearing of the application, the court shall determine whether injury to the beneficiary would result from substitution or release of the surety.
• § 996.130 — (a) If a substitute surety is given, the substitute surety is subject to all the provisions of this chapter, including but not limited to the provisions governing insufficient and excessive bonds.
• § 996.140 — If the principal does not give a sufficient substitute surety within the time ordered by the court or such longer time as the surety consents to, all rights obtained by giving the original bond immedi
• § 996.150 — If a surety is ordered released from liability on a bond: (a) The bond remains in full force and effect for all liabilities incurred before, and for acts, omissions, or causes existing or which arose
• § 996.210 — (a) The principal shall give a new, additional, or supplemental bond if the court or officer orders that a new, additional, or supplemental bond be given.
• § 996.220 — (a) A new, additional, or supplemental bond shall be in the same form and have the same obligation as the original bond and shall be in all other respects the same as the original bond, and shall be i
• § 996.230 — A new, additional, or supplemental bond is subject to all the provisions applicable to the original bond and to the provisions of this chapter, including but not limited to the provisions governing gi
• § 996.240 — If a new bond is given in place of the original bond: (a) The original bond remains in full force and effect for all liabilities incurred before, and for acts, omissions, or causes existing or which a
• § 996.250 — (a) An additional or supplemental bond does not discharge or affect the original bond.
• § 996.310 — This article governs cancellation of or withdrawal of a surety from a bond given other than in an action or proceeding.
• § 996.320 — A surety may cancel or withdraw from a bond by giving a notice of cancellation or withdrawal to the officer to whom the bond was given in the same manner the bond was given, notwithstanding Section 99
• § 996.330 — Cancellation or withdrawal of a surety is effective at the earliest of the following times: (a) Thirty days after notice of cancellation or withdrawal is given.
• § 996.340 — (a) If the principal does not give a new bond within 30 days after notice of cancellation or withdrawal is given, all rights obtained by giving the original bond immediately cease, any office for whic
• § 996.350 — If the withdrawal of a surety does not reduce the amount of the bond or the number of sureties below the minimum required by the statute providing for the bond, no new bond is required or necessary to
• § 996.360 — If a surety cancels or withdraws from a bond: (a) The bond remains in full force and effect for all liabilities incurred before, and for acts, omissions, or causes existing or which arose before, the