SECTIONS 41-45 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 41-45

41. The Supreme Court and the courts of appeal may transact
business at any time.

42. Adjournments from day to day, or from time to time, are to be
construed as recesses in the sessions, and shall not prevent the
Supreme Court or the courts of appeal from sitting at any time.

43. The Supreme Court, and the courts of appeal, may affirm,
reverse, or modify any judgment or order appealed from, and may
direct the proper judgment or order to be entered, or direct a new
trial or further proceedings to be had. In giving its decision, if a
new trial be granted, the court shall pass upon and determine all the
questions of law involved in the case, presented upon such appeal,
and necessary to the final determination of the case. Its judgment in
appealed cases shall be remitted to the court from which the appeal
was taken.

44. Appeals in probate proceedings, in contested election cases,
and in actions for libel or slander by a person who holds any
elective public office or a candidate for any such office alleged to
have occurred during the course of an election campaign shall be
given preference in hearing in the courts of appeal, and in the
Supreme Court when transferred thereto. All these cases shall be
placed on the calendar in the order of their date of issue, next
after cases in which the people of the state are parties.

45. An appeal from a judgment freeing a minor who is a dependent
child of the juvenile court from parental custody and control, or
denying a recommendation to free a minor from parental custody or
control, shall have precedence over all cases in the court to which
an appeal in the matter is taken. In order to enable the child to be
available for adoption as soon as possible and to minimize the
anxiety to all parties, the appellate court shall grant an extension
of time to a court reporter or to counsel only upon an exceptional
showing of good cause.