§ 309 Trial of questions of fact not put in issue by pleadings; order for trial

Codes > California Code of Civil Procedure > Part 2 > Title 1 > 309

§ 309. Trial of questions of fact not put in issue by pleadings; order for trial

    SPECIAL ISSUES NOT MADE BY PLEADINGS, HOW TRIED. 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.