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Cal. Rules of Court, rule 309
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§ 309 A question of fact not put in issue by the pleadings may be tried by a jury, upon an order for the trial, stating distinctly and plainly the question …
Part 2: Of Civil Actions | Title 1: Of the Form of Civil Actions
Rule Text
A question of fact not put in issue by the pleadings may be tried by a jury, upon an order for the trial, stating distinctly and plainly the question of fact to be tried; and such order is the only authority necessary for a trial.
Amendment history: Enacted 1872.