California Code of Civil Procedure

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Part 1 Of Courts of Justice
TITLE 3.  PERSONS SPECIALLY INVESTED
WITH POWERS OF A JUDICIAL NATURE
Chapter 2.  Court Commissionerst
Sections  259
 

CODE OF CIVIL PROCEDURE
SECTION 259

259.  Subject to the supervision of the court, every court
commissioner shall have power to do all of the following:
   (a) Hear and determine ex parte motions for orders and alternative
writs and writs of habeas corpus in the superior court for which the
court commissioner is appointed.
   (b) Take proof and make and report findings thereon as to any
matter of fact upon which information is required by the court.  Any
party to any contested proceeding may except to the report and the
subsequent order of the court made thereon within five days after
written notice of the court's action.  A copy of the exceptions shall
be filed and served upon opposing party or counsel within the five
days.  The party may argue any exceptions before the court on giving
notice of motion for that purpose within 10 days from entry thereof.
After a hearing before the court on the exceptions, the court may
sustain, or set aside, or modify its order.
   (c) Take and approve any bonds and undertakings in actions or
proceedings, and determine objections to the bonds and undertakings.

   (d) Act as temporary judge when otherwise qualified so to act and
when appointed for that purpose, on stipulation of the parties
litigant.  While acting as temporary judge the commissioner shall
receive no compensation therefor other than compensation as
commissioner.
   (e) Hear and report findings and conclusions to the court for
approval, rejection, or change, all preliminary matters including
motions or petitions for the custody and support of children, the
allowance of temporary spousal support, costs and attorneys' fees,
and issues of fact in contempt proceedings in proceedings for
support, dissolution of marriage, nullity of marriage, or legal
separation.
   (f) Hear actions to establish paternity and to establish or
enforce child and spousal support pursuant to subdivision (a) of
Section 4251 of the Family Code.
   (g) Hear, report on, and determine all uncontested actions and
proceedings subject to the requirements of subdivision (d).

 

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