Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any Court which would have jurisdiction if an action had been brought; but it must appear, by affidavit, that the controversy is real and the proceedings in good faith, to determine the rights of the parties. The Court must thereupon hear and determine the case, and render judgment thereon, as if an action were depending.
Of Summary ProceedingsSubmitting a Controversy Without Action
Section § 1138
This law allows people involved in a disagreement that could lead to a civil lawsuit to agree together on the facts of their situation and submit it directly to the court. However, they need to provide a sworn statement proving their disagreement is genuine and that they are honestly trying to resolve their rights. The court will then hear the case and issue a judgment as if a formal lawsuit had been filed.
civil action agree upon a case controversy depends
Section § 1139
This law section means that when a judgment is made, it should be recorded like any other case. However, no costs can be charged for any actions taken before the trial. The whole case file, along with the judgment, makes up what's called the judgment roll.
Judgment must be entered as in other cases, but without costs for any proceeding prior to the trial. The case, the submission, and a copy of the judgment constitute the judgment roll.
judgment entry judgment roll trial costs
Section § 1140
This law states that a judgment can be enforced and appealed in exactly the same way as if it were part of a lawsuit that the court typically handles. This means it follows the usual procedures for making sure the judgment is carried out and for challenging it in a higher court if needed.
The judgment may be enforced in the same manner as if it had been rendered in an action of the same jurisdictional classification in the same court, and is in the same manner subject to appeal.
judgment enforcement appeal process jurisdictional classification
