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Opposition to motion for new trial in California

An opposition to a motion for new trial in California is the topic of this blog post.    Motions for a new trial can only be granted on the statutory grounds listed in Code of Civil Procedure section 657.   Anyone served with a motion for new trial should carefully review the motion and supporting affidavits as both Code of Civil Procedure section 475 and the California Constitution itself at Article VI, section 13 state that no judgment shall be set aside or a new trial granted unless the error was prejudicial or results in a miscarriage of justice.

A new trial motion can only be granted on the grounds enumerated in section 657.  See Concerned Citizens Coalition of Stockton v. City of Stockton (2005) 128 Cal.App.4th 70, 79,

The California Supreme Court stated over 50 years ago that the court’s power to grant a new trial is purely statutory. See Fomco, Inc. v. Joe Maggio, Inc., (1961) 55 Cal. 2d 162, 166.

Note that all of the causes specified must have materially affected the substantial rights of the party moving for a new trial and strict deadlines must be met or the motion for a new trial must be denied.

Code of Civil Procedure § 659 states that, “(a) The party intending to move for a new trial shall file with the clerk and serve upon each adverse party a notice of his or her intention to move for a new trial, designating the grounds upon which the motion will be made and whether the same will be made upon affidavits or the minutes of the court, or both, either:

(1) After the decision is rendered and before the entry of judgment.

(2) Within 15 days of the date of mailing notice of entry of judgment by the clerk of the court pursuant to Section 664.5, or service upon him or her by any party of written notice of entry of judgment, or within 180 days after the entry of judgment, whichever is earliest; provided, that upon the filing of the first notice of intention to move for a new trial by a party, each other party shall have 15 days after the service of that notice upon him or her to file and serve a notice of intention to move for a new trial.

(b) That notice of intention to move for a new trial shall be deemed to be a motion for a new trial on all the grounds stated in the notice. The times specified in paragraphs (1) and (2) of subdivision (a) shall not be extended by order or stipulation or by those provisions of Section 1013 that extend the time for exercising a right or doing an act where service is by mail.” (Emphasis added.)

Within 10 calendar days after filing the notice of intention to move for new trial the party must file and serve any supporting affidavits unless a stipulation or court order has been obtained extending the time period. See Code of Civil Procedure § 659a.

Any affidavits or memorandum of points and authorities must be served and filed on all parties to the action within 10 calendar days after being served with any affidavits in support of the motion for new trial unless a stipulation or court order to extend the time has been obtained. See Code of Civil Procedure § 659(a).

Note that the power of the court to rule on a motion for a new trial shall expire 60 days from and after the mailing of notice of entry of judgment by the clerk of the court pursuant to Section 664.5 or 60 days from and after service on the moving party by any party of written notice of the entry of the judgment, whichever is earlier, or if such notice has not theretofore been given, then 60 days after filing of the first notice of intention to move for a new trial. If such motion is not determined within said period of 60 days, or within said period as thus extended, the effect shall be a denial of the motion without further order of the court. See Code of Civil Procedure § 660 for more details.

Attorneys or parties in California who would like to view a portion of a sample California opposition to a motion for new trial that includes a memorandum of points and authorities and a supporting declaration can see below.

 

Attorneys or parties in California that would like more information on a California law and motion litigation document package containing over 55 sample documents including an opposition to a motion for new trial can use the link shown below.

California law and motion litigation document package

The author of this blog post Stan Burman is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

To subscribe to his FREE weekly legal newsletter visit: http://www.legaldocspro.net/newsletter.htm

Copyright 2013 Stan Burman. All rights reserved.

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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