California Code of Civil Procedure
§ 309
CCP § 309Title 1 · Part 2
Statute text
View on leginfo.ca.govA 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.
Legislative history
Enacted 1872.