California Codes > Code of Civil Procedure > Part 4 > Title 3 – OF THE PRODUCTION OF EVIDENCE
Current as of: 2023 |
Check for updates
|
Other versions
Chapter 2 | Means of Production |
Chapter 3 | Manner of Production |
Terms Used In California Codes > Code of Civil Procedure > Part 4 > Title 3 - OF THE PRODUCTION OF EVIDENCE
- Acupuncture: means the stimulation of a certain point or points on or near the surface of the body by the insertion of needles to prevent or modify the perception of pain or to normalize physiological functions, including pain control for the treatment of certain diseases or dysfunctions of the body, and includes the techniques of electroacupuncture, cupping, and moxibustion. See California Business and Professions Code 4927
- Administrator: means the Administrator of Local Agency Security of the State of California. See California Government Code 53630
- Advertise: as used in this chapter , includes, but is not limited to, any public communication, as defined in subdivision (a) of Section 651, the issuance of any card, sign, or device to any person, or the causing, permitting, or allowing of any sign or marking on, or in, any building or structure, or in any newspaper or magazine or in any directory, or any printed matter whatsoever, with or without any limiting qualification. See California Business and Professions Code 4980.03
- Agent of depository: means a trust company or trust department of a state or national bank located in this state, including the trust department of a depository where authorized, and the Federal Home Loan Bank of San Francisco, which is authorized to act as an agent of depository for the purposes of this article pursuant to Section 53657. See California Government Code 53630
- Allegation: something that someone says happened.
- Allocation: means the portion of the initial California Student Housing Revolving Loan Fund Act of 2022 appropriation allocated to each designated authority to provide loans pursuant to this chapter. See California Education Code 67329.2
- Amortization: Paying off a loan by regular installments.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Appraisal: A determination of property value.
- assessment: includes "standby charges" and other charges levied for the use of district water. See California Water Code 37210
- authority: as used in this chapter depends on the college or university system of which the applicant is a member. See California Education Code 67329.2
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Bequest: Property gifted by will.
- Board: means the Acupuncture Board. See California Business and Professions Code 4927
- board: means any entity listed in Section 101, the entities referred to in Sections 1000 and 3600, the State Bar, the Department of Real Estate, and any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession. See California Business and Professions Code 31
- Board of supervisors: means the board of supervisors of each county within which a district is located. See California Water Code 37202
- business: includes a proprietorship, partnership, corporation, and any other form of commercial enterprise. See California Vehicle Code 234
- business representative: means a proprietor, a limited or general partner, a managerial employee, a stockholder, a director, or an officer who is active in the management, direction, and control of that part of a business which is a licensed activity. See California Vehicle Code 236
- Campus: means a community college district, or a campus of the University of California or the California State University. See California Education Code 67329.2
- City: includes city and county. See California Harbors and Navigation Code 15
- City: includes every city and city and county within this State. See California Vehicle Code 255
- Claim: includes a legal or equitable right, title, estate, lien, or interest in property or cloud upon title. See California Code of Civil Procedure 760.010
- College applicant: means a community college district, or the Office of the Chancellor of the California Community Colleges on behalf of a community college district. See California Education Code 67329.2
- Commissioner: means any county agricultural commissioner. See California Food and Agricultural Code 26
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Consumer: means any individual who seeks or acquires, by purchase or lease, any goods, services, money, or credit for personal, family, or household purposes. See California Business and Professions Code 302
- Continuance: Putting off of a hearing ot trial until a later time.
- Corporation: includes a limited liability company. See California Government Code 53630
- County: includes city and county. See California Food and Agricultural Code 29
- County: includes city and county. See California Water Code 14
- County: includes city and county. See California Harbors and Navigation Code 14
- County: includes city and county. See California Health and Safety Code 14
- County: includes every county and city and county within this State. See California Vehicle Code 270
- County: includes "city and county. See California Code of Civil Procedure 17
- Coupon: includes certificates, cards, package labels, wrappers, can covers, bottle caps or other and similar devices, which entitle the person holding or delivering or surrendering them to have them exchanged for or redeemed in goods, wares, merchandise, or services of any kind free of charge or for less than the retail price of such goods, wares, merchandise, or services. See California Business and Professions Code 17700
- Dealer: is a person not otherwise expressly excluded by Section 286 who:
California Vehicle Code 285
- Decedent: A deceased person.
- Department: means the Department of Consumer Affairs. See California Business and Professions Code 302
- Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
- department: means State Department of Health Services. See California Health and Safety Code 20
- Department: means the Department of Motor Vehicles except, when used in Chapter 2 (commencing with Section 2100) of Division 2 and in Divisions 11 (commencing with Section 21000), 12 (commencing with Section 24000), 13 (commencing with Section 29000), 14 (commencing with Section 31600), 14. See California Vehicle Code 290
- Department: means the State Department of Health Services. See California Health and Safety Code 130400
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Depository: means a state or national bank, savings association or federal association, a state or federal credit union, or a federally insured industrial loan company, in this state in which the moneys of a local agency are deposited. See California Government Code 53630
- Director: means the Director of the Department of Consumer Affairs. See California Business and Professions Code 302
- director: refer to the Department of General Services and the Director of General Services, respectively, unless the context otherwise requires. See California Government Code 14602
- Director: means "State Director of Health Services. See California Health and Safety Code 21
- Disease: means Lyme disease recognized by the presence of the spirochete (borrelia burgdorferi), a spiral-shaped bacterium, in the human body. See California Health and Safety Code 104190
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Diversion: means taking water by gravity or pumping from a surface stream or subterranean stream flowing through a known and definite channel, or other body of surface water, into a canal, pipeline, or other conduit, and includes impoundment of water in a reservoir. See California Water Code 5100
- Division: means the Division of Consumer Services. See California Business and Professions Code 302
- Donor: The person who makes a gift.
- driver: is a person who drives or is in actual physical control of a vehicle. See California Vehicle Code 305
- environment: means the aggregate of all factors that influence the conditions of life in or about the state or within any portion thereof, and which are affected by the use of pesticides or related materials within the state. See California Food and Agricultural Code 14101
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Ex officio: Literally, by virtue of one's office.
- Executive session: A portion of the Senate's daily session in which it considers executive business.
- Faculty and staff housing project: means one or more housing facilities to be occupied by faculty or staff of one or more campuses, and owned by a participating college or university or participating nonprofit entity. See California Education Code 67329.2
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
- Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
- Federally insured industrial loan company: means an industrial loan company licensed under Division 7 (commencing with Section 18000) of the Financial Code, the investment certificates of which are insured by the Federal Deposit Insurance Corporation. See California Government Code 53630
- Four counties: means the Counties of Riverside, San Bernardino, Los Angeles, and Ventura. See California Water Code 5000
- franchise: is a written agreement between two or more persons having all of the following conditions:
California Vehicle Code 331
- Fund: means the Golden Bear State Pharmacy Assistance Program Rebate Fund. See California Health and Safety Code 130400
- Fund: means the California Student Housing Revolving Loan Fund established by this chapter. See California Education Code 67329.2
- Grantor: The person who establishes a trust and places property into it.
- Ground water: means water beneath the surface of the ground whether or not flowing through known and definite channels. See California Water Code 5000
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Initiative: means the California Bench to School Initiative established in subdivision (a). See California Education Code 99275
- Institute: means the California Institute on Law, Neuroscience, and Education created pursuant to subdivision (a). See California Education Code 99275
- Issue: includes use, distribute, give away, sell and furnish. See California Business and Professions Code 17700
- Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together.
- knowingly: import s only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See California Penal Code 7
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- lessor-retailer: is a lessor or renter who, except under the circumstances described in subdivision (a) of Section 286, makes a retail sale or sales of a previously leased or rented vehicle or vehicles to other than any of the following:
California Vehicle Code 373
- license: means license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. See California Business and Professions Code 23.7
- Licensee: means any person authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Sections 1000 and 3600. See California Business and Professions Code 23.8
- Licensing board: means any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate. See California Business and Professions Code 30
- Local agency: as used in this article means a city, city and county, district, school district, municipal or public corporation, political subdivision, or other public agency of the State, or any instrumentality of one or more of any such agencies. See California Government Code 53215
- Local agency: means county, city, city and county, including a chartered city or county, a community college district, or other public agency or corporation in this state. See California Government Code 53630
- Lyme Disease Support Network: means the groups organized through hospitals and volunteer organizations to counsel and provide support to those individuals who have contracted the disease. See California Health and Safety Code 104190
- magistrate: signifies any one of the officers mentioned in Section 808. See California Penal Code 7
- Massage: means the scientific manipulation of the soft tissues. See California Business and Professions Code 4601
- Medicare beneficiary: means a Medicare beneficiary who is a California resident. See California Health and Safety Code 130400
- month: means a calendar month, unless otherwise expressed. See California Civil Code 14
- motor vehicle: includes a recreational vehicle as that term is defined in subdivision (a) of §. See California Vehicle Code 415
- National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
- National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Oath: includes an affirmation or declaration. See California Code of Civil Procedure 17
- Oath: A promise to tell the truth.
- office: means the Office of Emergency Services. See California Penal Code 14113
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
- order: include a decree, as appropriate under the circumstances. See California Family Code 100
- owner: is a person having all the incidents of ownership, including the legal title of a vehicle whether or not such person lends, rents, or creates a security interest in the vehicle. See California Vehicle Code 460
- Participating nonprofit entity: means an entity within the meaning of paragraph (3) of subsection (c) of Section 501 of Title 26 of the United States Code. See California Education Code 67329.2
- peace officer: signify any one of the officers mentioned in Chapter 4. See California Penal Code 7
- Person: means an individual, partnership, corporation, limited liability company, association, or other group, however organized. See California Business and Professions Code 302
- Person: means any individual, organization, or corporate body, except that only individuals may be licensed under this chapter. See California Business and Professions Code 4927
- Person: means any individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not. See California Food and Agricultural Code 38
- Person: means all persons whether natural or artificial, including the United States of America, the State of California, and all political subdivisions, districts, municipalities and public agencies of or in either the State or the United States. See California Water Code 5000
- Person: means all persons whether natural or artificial, including the United States of America, State of California, and all political subdivisions, districts, municipalities, and public agencies. See California Water Code 5100
- Person: as used in this chapter includes an individual, a firm, partnership, corporation, limited liability company, association or other organization, or any combination thereof. See California Business and Professions Code 7025
- Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Water Code 19
- Person: means any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Harbors and Navigation Code 19
- Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
- Person: includes persons, firm, firms, corporation and corporations. See California Business and Professions Code 17700
- Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
- person: includes a corporation as well as a natural person. See California Penal Code 7
- Person: includes a natural person, firm, copartnership, association, limited liability company, or corporation. See California Vehicle Code 470
- personal property: include money, goods, chattels, things in action, and evidences of debt. See California Civil Code 14
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Pooled securities: means eligible securities held by an agent of depository for a depository and securing deposits of one or more local agencies. See California Government Code 53630
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Proceeding: includes an action. See California Family Code 110
- Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
- Project: means a student housing project or a faculty and staff housing project. See California Education Code 67329.2
- Property: includes real property, and to the extent applicable, personal property. See California Code of Civil Procedure 760.010
- Property: means any right, title, or interest in or lien upon real property or part thereof. See California Code of Civil Procedure 770.010
- property: includes property real and personal. See California Civil Code 14
- property: includes both real and personal property. See California Penal Code 7
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- qualifier: as used in this chapter , means a person who qualifies for a license pursuant to Section 7068. See California Business and Professions Code 7025
- Region: includes that part of Lake Tahoe within the jurisdiction of the State of California, the adjacent parts of the Counties of El Dorado and Placer lying within the Tahoe Basin in the State of California, and that additional and adjacent part of the County of Placer outside of the Tahoe Basin in the State of California which lies southward and eastward of a line starting at the intersection of the basin crestline and the north boundary of Section 1, thence west to the northwest corner of Section 3, thence south to the intersection of the basin crestline and the west boundary of Section 10. See California Government Code 66905.5
- repair shop: is a place where vehicles subject to registration under this code are repaired, rebuilt, reconditioned, repainted, or in any way maintained for the public at a charge. See California Vehicle Code 510
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- representative: is a ny person regularly employed by a manufacturer or distributor for the purpose of negotiating or promoting the sale of the manufacturer's or distributer's vehicles to their franchisees or for regularly supervising or contacting franchisees or prospective franchisees in this state for any purpose. See California Vehicle Code 512
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- retail sale: is a sale of goods to a person for the purpose of consumption and use, and not for resale to others, including, but not limited to, an arrangement where a motor vehicle is consigned to a dealer for sale. See California Vehicle Code 520
- Savings association or federal association: means a savings association, savings and loan association, or savings bank as defined by §. See California Government Code 53630
- Second-stage manufacturer: means the installer of the structure and equipment permanently upon the engine, chassis, and drive train of the vehicle rendering the vehicle complete and suitable for human habitation and ready for delivery to the dealer or the buyer. See California Vehicle Code 11930
- Security: means any of the eligible securities or obligations listed in Section 53651. See California Government Code 53630
- Sell: includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. See California Food and Agricultural Code 44
- Sheriff: includes marshal. See California Code of Civil Procedure 17
- Sources: means any point of diversion or extraction of water and includes among other things wells, tunnels, and headworks. See California Water Code 5000
- State: means the State of California, unless applied to the different parts of the United States. See California Water Code 18
- State: means the State of California, unless applied to the different parts of the United States. See California Harbors and Navigation Code 20
- State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
- State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
- State: means a state of the United States, the District of Columbia, or a commonwealth, territory, or insular possession subject to the jurisdiction of the United States. See California Family Code 145
- Steam vessel: means any vessel which is propelled by machinery. See California Harbors and Navigation Code 22
- Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Food and Agricultural Code 49
- Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Water Code 10
- Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Business and Professions Code 15
- Support: refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. See California Family Code 150
- Surface water: means water on the surface of the ground. See California Water Code 5000
- Testify: Answer questions in court.
- tow truck: is a motor vehicle which has been altered or designed and equipped for, and primarily used in the business of, transporting vehicles by means of a crane, hoist, tow bar, tow line, or dolly or is otherwise primarily used to render assistance to other vehicles. See California Vehicle Code 615
- Transfer: means voluntary or involuntary transfer and includes a conveyance, reconveyance, satisfaction of a lien, or divestment by judgment, decree, or otherwise. See California Code of Civil Procedure 770.010
- transferee: is a person who has acquired the sole ownership of or an equity in a vehicle of a type required to be registered under this code. See California Vehicle Code 640
- Treasurer: means treasurer of the local agency. See California Government Code 53630
- trustees: means the Trustees of the California State University, created under Section 66600. See California Education Code 89000
- UCSF: means the University of California, San Francisco. See California Education Code 99275
- United States: means the United States of America, and in relation to any particular matter includes the officers, agents, employees, agencies, or instrumentalities authorized to act in relation thereto. See California Water Code 20
- University applicant: means a campus of the University of California or the California State University, the Office of the President of the University of California on behalf of one or more campuses of the University of California, or the Office of the Chancellor of the California State University on behalf of one or more campuses of the California State University. See California Education Code 67329.2
- used vehicle: is a vehicle that has been sold, or has been registered with the department, or has been sold and operated upon the highways, or has been registered with the appropriate agency of authority, of any other state, District of Columbia, territory or possession of the United States or foreign state, province or country, or unregistered vehicles regularly used or operated as demonstrators in the sales work of a dealer or unregistered vehicles regularly used or operated by a manufacturer in the sales or distribution work of such manufacturer. See California Vehicle Code 665
- vehicle: is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. See California Vehicle Code 670
- Vessel: includes ships of all kinds, steamboats, steamships, canal boats, barges, sailing vessels, and every structure adapted to be navigated from place to place for the transportation of merchandise or persons. See California Harbors and Navigation Code 21
- vessel: means a vessel as defined in subdivision (c) of §. See California Penal Code 7
- Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
- water: includes the term "use of water. See California Water Code 1000
- will: includes codicil. See California Civil Code 14
- Will: includes codicil. See California Code of Civil Procedure 17
- willfully: when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. See California Penal Code 7
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writing: includes printing and typewriting. See California Code of Civil Procedure 17