The Judicial Council may provide by rule for the practice and procedure in proceedings under this chapter.
Claim and Delivery of Personal PropertyMiscellaneous Provisions
Section § 516.010
This law allows the Judicial Council to create rules for how things should be done in court cases under this chapter.
Judicial Council court rules practice and procedure
Section § 516.020
This law section says that the Judicial Council is responsible for creating the forms needed for applications, notices, orders, and other documents mentioned in this chapter.
The Judicial Council shall prescribe the form of the applications, notices, orders, and other documents required by this chapter.
Judicial Council form creation applications
Section § 516.030
This law section explains that any affidavit—written statement used as evidence—must clearly and specifically state the facts. It should show that the person making the affidavit, called the affiant, can speak about the facts as a credible witness would. The affiant can be anyone who knows the facts, even if they are not involved in the legal case. If the requirements are met, a verified complaint—a formal legal document—can be used instead of or alongside an affidavit.
The facts stated in each affidavit filed pursuant to this chapter shall be set forth with particularity. Except where matters are specifically permitted by this chapter to be shown by information and belief, each affidavit shall show affirmatively that the affiant, if sworn as a witness, can testify competently to the facts stated therein. The affiant may be any person, whether or not a party to the action, who has knowledge of the facts. A verified complaint that satisfies the requirements of this section may be used in lieu of or in addition to an ordinary affidavit.
affidavit requirements information and belief testify competently
Section § 516.040
This law states that certain judicial tasks, referred to as 'subordinate judicial duties,' can be carried out by appointed officials like court commissioners, according to California's constitution.
The judicial duties to be performed under this chapter are “subordinate judicial duties” within the meaning of Section 22 of Article VI of the California Constitution and may be performed by appointed officers such as court commissioners.
subordinate judicial duties court commissioners appointed officers
Section § 516.050
This section says that the rules in this chapter don't stop you from asking for help or relief under Chapter 3, starting with Section 525. It's basically a way to ensure you can still seek any additional legal remedies available elsewhere.
Nothing in this chapter shall preclude the granting of relief pursuant to Chapter 3 (commencing with Section 525) of this title.
granting relief Chapter 3 Section 525
