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California Code of Civil Procedure Section 1211.5

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 1211.5

1211.5.  At all stages of all proceedings, the affidavit or
statement of facts, as the case may be, required by Section 1211
shall be construed, amended, and reviewed according to the followings
rules:
   (a) If no objection is made to the sufficiency of such affidavit
or statement during the hearing on the charges contained therein,
jurisdiction of the subject matter shall not depend on the averments
of such affidavit or statement, but may be established by the facts
found by the trial court to have been proved at such hearing, and the
court shall cause the affidavit or statement to be amended to
conform to proof.
   (b) The court may order or permit amendment of such affidavit or
statement for any defect or insufficiency at any stage of the
proceedings, and the trial of the person accused of contempt shall
continue as if the affidavit or statement had been originally filed
as amended, unless substantial rights of such person accused would be
prejudiced thereby, in which event a reasonable postponement, not
longer than the ends of justice require, may be granted.
   (c) No such affidavit or statement is insufficient, nor can the
trial, order, judgment, or other proceeding thereon be affected by
reason of any defect or imperfection in matter of form which does not
prejudice a substantial right of the person accused on the merits.
No order or judgment of conviction of contempt shall be set aside,
nor new trial granted, for any error as to any matter of pleading in
such affidavit or statement, unless, after an examination of the
entire cause, including the evidence, the court shall be of the
opinion that the error complained of has resulted in a miscarriage of
justice.

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Last modified: March 17, 2014