Code of Civil Procedure - CCP
PART 2. OF CIVIL ACTIONS [307 - 1062.34]
( Part 2 enacted 1872. ) TITLE 1. OF THE FORM OF CIVIL ACTIONS [307 - 309]
( Title 1 enacted 1872. ) 309.
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.
(Enacted 1872.)