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Of Ministerial Officers Generally Section 262

According to Code of Civil Procedure of California (hereinafter: CCP) Section 262 of Title 4 “Ministerial Officers of Courts of Justice” of Chapter 1 “Of Ministerial Officers Generally”:

The guidance or jurisdiction of a party or its lawyer to a sheriff in connection with the execution or return of the proceedings or any relevant act or omission shall not be available to discharge or relieve the sheriff from any responsibility for negligence or wrongdoing, unless the party’s counsel, including the signature and name of the attorney, provides written instructions The instructions may be transmitted electronically pursuant to Chapter 2 (starting with Section 263 of CCP) subject to subdivision (c) of Section 263 of CCP.

What Should You Know About Ministerial Officers Generally?

  • A sheriff or other ministerial officer shall be justified in executing and executing all processes and orders regularly on his face and issued by the competent authority, regardless of the defect in the proceedings in which they were issued.
  • The execution process of the officer shall, upon request, show it to any interested person as long as he or she retains the original process. The officer shall show the procedure at his or her office whenever the office is open for business, with all papers or electronic copies of all papers attached.
  • If any process remains unfulfilled, in whole or in part, with the sheriff at the time of his death, resignation of office, or at the expiry of his term of office, that procedure shall be carried out by his successor or office successors.
  • If the sheriff tries to sell real estate under and by virtue of an execution or court order, the sheriff or his successors in office shall execute and deliver to the buyer or buyers all the acts and transfers required by law and necessary for that purpose, and such transfers and transfers shall be valid in law as if they were executed by the sheriff who made the sale. In accordance with Chapter 2 (starting with Section 263 CCP), deeds and transfers may be recorded electronically if they comply with the 2004 Electronic Recording Delivery Act (Article 6 (starting with Section 27390) of Chapter 6 of Part 3 of Division 2 of Title 3 of the Government Code).

What Are the Cases When Process or Orders in an Action or Proceeding May Be Executed by a Person Residing in the County, Designated by the Court, or the Judge Thereof, and Denominated an Elisor?

A person residing in the county, appointed by the court or its judge, can execute proceedings or orders in an action or proceeding and, appoint an elisor, in the following cases:

  • When both sides are the sheriff and the coroner.
  • Where either officer is a defendant and the charges are against the other party.

Where either of these officers is a member and there is a vacancy in the office of the other party, or where it appears, by affidavit, to the satisfaction of the court in which the proceedings are pending, or the judge thereof, that the two officers are disqualified or that they would not behave properly or impartially on account of any bias, prejudice or other reason.

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