California Civil Code 1861.13 – Neither the failure of the defendant to oppose the issuance of a writ …
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Neither the failure of the defendant to oppose the issuance of a writ of possession under this article, nor his failure to rebut any evidence produced by the plaintiff in connection with proceedings under this article, shall constitute a waiver of any defense to the plaintiff’s claim in the action, or any other action, or have any effect on the right of the defendant to produce or exclude evidence at the trial of any such action.
(Added by Stats. 1979, Ch. 964.)
Terms Used In California Civil Code 1861.13
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.