Title 7, Judiciary and Civil Procedure

Judgment must be entered in the judgment book as in other cases, but without costs for any proceeding prior to trial. The case, the submission, and a copy of the judgment constitute the judgment roll. SOURCE: CCP § 1139. COL120106

The judgment may be enforced in the same manner as if it had been rendered in an action, and is in the same manner subject to appeal. SOURCE: CCP § 1140. ---------- ARTICLE 3 DISCHARGE OF PERSONS IMPRISONED ON CIVIL PROCESS

Any person confined in jail, on any proceedings in a civil action, must be discharged therefrom upon the conditions in this Article specified. SOURCE: CCP § 1143.

Such person must cause a notice in writing to be given to the plaintiff, his agent, or attorney, that at a certain time and place he will apply to a judge of the court having jurisdiction for the purpose of obtaining a discharge from his imprisonment. SOURCE: CCP § 1144.

Such service must be served upon the plaintiff, his agent, or attorney, at least one day before the hearing of the application. SOURCE: CCP § 1145. COL120106

At the time and place specified in the notice, such person must be taken before such judge, who must examine him under oath concerning his estate and property, and effects, and the disposal thereof, and his ability to pay the judgment for which he is committed, and such judge may…

The plaintiff in the action may, upon such examination, propose to the prisoner any interrogatories pertinent to the inquiry, and they must, if requested by him, be proposed and answered in writing, and the answer must be signed and sworn to by the prisoner. SOURCE: CCP § 1147.

If, upon the examination, the judge is satisfied that the prisoner is entitled to his discharge, he must administer to him the following oath, to wit: I, __________, do solemnly swear that I have not any estate, real or personal, to the amount of Fifty Dollars ($50.00), except su…

After administering the oath, the judge must issue an order that the prisoner be discharged from custody, and the officer, upon the service of such order, must discharge the prisoner forthwith, if he be imprisoned for no other crime. SOURCE: CCP § 1149. COL120106

If a judge does not discharge the prisoner, he may apply for his discharge at the end of every succeeding ten days, in the same manner as above provided, and the same proceedings must thereupon be had. SOURCE: CCP § 1150.

The prisoner, after being so discharged, is forever exempted from arrest on civil process for the same debt, unless he be convicted of having willfully sworn falsely upon his examination before the judge, or in taking the oath before prescribed. SOURCE: CCP § 1151.

The judgment against any prisoner who is discharged remains in full force against any estate which may then or at any time afterward belong to him, and the plaintiff may take out a new execution against the goods and estate of the prisoner, in like manner as if he had never been …

The plaintiff in the action may at any time order the prisoner to be dis- charged, and he is not thereafter liable to imprisonment for the same cause of action. SOURCE: CCP § 1153.

Whenever a person is committed to jail on an execution issued on a judgment recovered in a civil action, the creditor, his agent, or attorney must advance to the jailer, on such commitment, sufficient money for the support of the prisoner for one week, and must make the like adva…