Does the filing of a sufficient affidavit constitute a jurisdictional prerequisite to a contempt proceeding?

California, United States of America


The following excerpt is from Cowan, In re, 230 Cal.App.3d 1281, 281 Cal.Rptr. 740 (Cal. App. 1991):

It has long been the rule that the filing of a sufficient affidavit is a jurisdictional prerequisite to a contempt proceeding. (See Warner v. Superior Court (1954) 126 Cal.App.2d 821, 824, 273 P.2d 89.) The question presented is whether this rule was abrogated with the enactment, in 1970, of Code of Civil Procedure section 1211.5, which provides in relevant part: "(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."

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