2005 California Penal Code Sections 1053 CHAPTER 9. POSTPONEMENT OF THE TRIAL

PENAL CODE
SECTION 1053

1053.  If after the commencement of the trial of a criminal action
or proceeding in any court the judge or justice presiding at the
trial shall die, become ill, or for any other reason be unable to
proceed with the trial, any other judge or justice of the court in
which the trial is proceeding may proceed with and finish the trial;
or if there be no other judge or justice of that court available,
then the clerk, sheriff, or marshal shall adjourn the court and
notify the Chairman of the Judicial Council of the facts, and shall
continue the case from day to day until the time that the chairman
shall designate and assign a judge or justice of some other court,
and the judge or justice shall arrive, to proceed with and complete
the trial, or until such time as by stipulation in writing between
the prosecuting attorney and the attorney for the defendant, filed
with the court, a judge or justice shall be agreed upon by them, and
the judge or justice shall arrive to complete the trial.  The judge
or justice authorized by this section to proceed with and complete
the trial shall have the same power, authority, and jurisdiction as
if the trial had been commenced before that judge or justice.


Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.