2009 California Code of Civil Procedure - Section 1929-1952.3 :: Article 3. Private Writings

1929.  Private writings are either:
   1. Sealed; or,
   2. Unsealed.

1930.  A seal is a particular sign, made to attest, in the most
formal manner, the execution of an instrument.

[1931.]  Section Nineteen Hundred and Thirty-one. A public seal in
this State is a stamp or impression made by a public officer with an
instrument provided by law, to attest the execution of an official or
public document, upon the paper, or upon any substance attached to
the paper, which is capable of receiving a visible impression. A
private seal may be made in the same manner by any instrument, or it
may be made by the scroll of a pen, or by writing the word "seal"
against the signature of the writer. A scroll or other sign, made in
a sister State or foreign country, and there recognized as a seal,
must be so regarded in this State.

[1932.]  Section Nineteen Hundred and Thirty-two. There shall be no
difference hereafter, in this State, between sealed and unsealed
writings. A writing under seal may therefore be changed, or
altogether discharged by a writing not under seal.

1933.  The execution of an instrument is the subscribing and
delivering it, with or without affixing a seal.

1934.  An agreement, in writing, without a seal, for the compromise
or settlement of a debt, is as obligatory as if a seal were affixed.

1935.  A subscribing witness is one who sees a writing executed or
hears it acknowledged, and at the request of the party thereupon
signs his name as a witness.

[1950.]  Section Nineteen Hundred and Fifty. The record of a
conveyance of real property, or any other record, a transcript of
which is admissible in evidence, must not be removed from the office
where it is kept, except upon the order of a Court, in cases where
the inspection of the record is shown to be essential to the just
determination of the cause or proceeding pending, or where the Court
is held in the same building with such office.

1952.  (a) The clerk shall retain in his or her custody any exhibit,
deposition, or administrative record introduced in the trial of a
civil action or proceeding or filed in the action or proceeding until
the final determination thereof or the dismissal of the action or
proceeding, except that the court may order the exhibit, deposition,
or administrative record returned to the respective party or parties
at any time upon oral stipulation in open court or by written
stipulation by the parties or for good cause shown.
   (b) No exhibit or deposition shall be ordered destroyed or
otherwise disposed of pursuant to this section where a party to the
action or proceeding files a written notice with the court requesting
the preservation of any exhibit, deposition, or administrative
record for a stated time, but not to exceed one year.
   (c) Upon the conclusion of the trial of a civil action or
proceeding at which any exhibit or deposition has been introduced,
the court shall order that the exhibit or deposition be destroyed or
otherwise disposed of by the clerk. The operative destruction or
disposition date shall be 60 days following final determination of
the action or proceeding. Final determination includes final
determination on appeal. Written notice of the order shall be sent by
first-class mail to the parties by the clerk.
   (d) Upon the conclusion of any posttrial hearing at which any
exhibit, deposition, or administrative record has been introduced,
the court shall order that the exhibit or deposition be destroyed or
otherwise disposed of by the clerk. The operative date of destruction
or disposition shall be 60 days following the conclusion of the
hearing, or if an appeal is taken, upon final determination of the
appeal. Written notice of the order shall be sent by first-class mail
to the parties by the clerk.

1952.2.  Notwithstanding any other provisions of law, upon a
judgment becoming final, at the expiration of the appeal period,
unless an appeal is pending, the court, in its discretion, and on its
own motion by a written order signed by the judge, filed in the
action, and an entry thereof made in the register of actions, may
order the clerk to return all of the exhibits, depositions, and
administrative records introduced or filed in the trial of a civil
action or proceeding to the attorneys for the parties introducing or
filing the same.

1952.3.  Notwithstanding any other provision of the law, the court,
on its own motion, may order the destruction or other disposition of
any exhibit, deposition, or administrative record introduced in the
trial or posttrial hearing of a civil action or proceeding or filed
in the action or proceeding that, if appeal has not been taken from
the decision of the court in the action or proceeding, remains in the
custody of the court or clerk five years after time for appeal has
expired, or, if appeal has been taken, remains in the custody of the
court or clerk five years after final determination thereof, or that
remains in the custody of the court or clerk for a period of five
years after any of the following:
   (a) A motion for a new trial has been granted and a memorandum to
set the case for trial has not been filed, or a motion to set for
trial has not been made within five years.
   (b) The dismissal of the action or proceeding.
   In addition, the court on its own motion, may order the
destruction or other disposition of any exhibit, deposition, or
administrative record that remains in the custody of the court or
clerk for a period of 10 years after the introduction or filing of
the action or proceeding if, in the discretion of the court, the
exhibit, deposition, or administrative record should be disposed of
or destroyed.
   The order shall be entered in the register of actions of each case
in which the order is made.
   No exhibit, deposition, or administrative record shall be ordered
destroyed or otherwise disposed of pursuant to this section if a
party to the action or proceeding files a written notice with the
court requesting the preservation of any exhibit, deposition, or
administrative record for a stated time, but not to exceed one year.
   Any sealed file shall be retained for at least two years after the
date on which destruction would otherwise be authorized pursuant to
this section.