Motion New Trial California Guide – If you lost a civil trial in California Superior Court and believe the verdict or decision was unfair, a motion for new trial under California Code of Civil Procedure (CCP) § 657 may give you a second chance. This comprehensive guide explains everything you need to know about filing a motion for new trial in California, including strict deadlines, required grounds, step-by-step procedures, and how it differs from an appeal.
This resource is for informational purposes only and is not legal advice. California post-trial motions have strict, non-extendable deadlines—missing one can permanently bar your motion. Always consult a qualified California attorney.
What Is a Motion for New Trial in California?
A motion for new trial is a request that the trial court vacate the verdict or judgment and order a new trial (or partial new trial) on all or some issues. It allows the same judge to re-examine the facts or law after a jury or bench trial.
Under CCP § 656, a new trial is defined as “a re-examination of an issue of fact or law in the same court after a trial and decision by a jury, court, or referee.” It is available in most civil cases but is purely statutory—courts can grant it only on the specific grounds listed in CCP § 657.
Note: This guide focuses on civil cases. Criminal defendants use a different procedure under Penal Code § 1181.
Who Can File a Motion for New Trial in California?
Any “party aggrieved” by the verdict or decision may file. This typically includes the losing plaintiff or defendant. Either side can file, and cross-motions are possible if the first notice triggers additional time for the other party.
Legal Grounds for a Motion for New Trial Under CCP 657
California law limits new trial motions to seven specific grounds that must have materially affected your substantial rights. The court must specify the exact ground(s) if it grants the motion.
Here are the seven grounds under CCP § 657:
- Irregularity in the proceedings of the court, jury, or adverse party, or any court order or abuse of discretion that prevented a fair trial.
- Misconduct of the jury (provable by juror affidavit in some cases).
- Accident or surprise that ordinary prudence could not have guarded against.
- Newly discovered evidence that is material and could not have been discovered with reasonable diligence before trial.
- Excessive or inadequate damages.
- Insufficiency of the evidence to justify the verdict/decision, or the decision is against the law.
- Error in law occurring at trial and properly excepted to (objected to) by the moving party.
For grounds 1–4, the motion must be supported by affidavits (CCP § 658). Grounds 5–7 are typically based on the minutes of the court.
When granting a new trial on insufficiency of evidence or damages, the judge must independently weigh the evidence and conclude the jury or court “clearly should have reached a different verdict.”
Strict Deadlines: When to File a Notice of Intention for New Trial in California
Timing is critical and cannot be extended by stipulation or court order.
Under CCP § 659, you must file and serve a Notice of Intention to Move for New Trial at the earliest of these dates:
- After the decision is rendered but before entry of judgment, or
- Within 15 days after the clerk mails notice of entry of judgment (CCP § 664.5), or
- Within 15 days after any party serves written notice of entry of judgment on you, or
- Within 180 days after entry of judgment.
Whichever occurs first controls. Once the first party files a notice, every other party gets an additional 15 days after service of that notice to file their own notice.
Step-by-Step Guide: How to File a Motion for New Trial in California?
- File and serve the Notice of Intention (CCP § 659) — Specify all grounds you intend to raise and whether the motion will be based on affidavits, the minutes of the court, or both.
- Serve and file supporting memorandum and documents — Within 10 days after filing the notice, serve and file your memorandum of points and authorities plus any affidavits or other supporting papers (CRC 3.1600 and CCP § 659a).
- Opposing party’s response — The other side has 10 days after service of your supporting papers to file and serve a reply memorandum and counter-affidavits.
- Your optional reply — You have 5 days after service of the opposition to file a reply brief (CCP § 659a).
- Schedule and attend the hearing — New trial motions have priority over most other matters (CCP § 660(b)).
No Judicial Council form exists for a standard civil motion for new trial. You must draft it on pleading paper following local superior court rules.
Required Documents for a California New Trial Motion
- Notice of Intention to Move for New Trial
- Memorandum of Points and Authorities
- Supporting declarations or affidavits (required for grounds 1–4)
- Proposed Order
- Proof of Service
Check your county’s local rules for formatting, e-filing requirements, and hearing procedures.
What Happens at the Hearing for a Motion for New Trial?
The hearing is usually short. The judge may review the trial minutes, reporter’s transcript, or affidavits. The motion takes precedence over almost all other civil matters.
Court’s Decision Timeline Under CCP 660
The court must rule within 75 days from the earliest of:
- Mailing of notice of entry of judgment by the clerk, or
- Service of notice of entry by any party, or
- Filing of the first Notice of Intention (if no notice of entry was given).
If the court does not enter an order within this 75-day period, the motion is denied by operation of law.
If granted, the order must state the specific ground(s) and the court’s reasons.
How a Motion for New Trial Affects Your Appeal Rights (CRC 8.108)?
Filing a timely motion for new trial extends the time to appeal the judgment. If denied, you generally have 30 days after notice of the denial (or denial by operation of law) to file your notice of appeal—far longer than the normal 60-day deadline.
You cannot appeal the denial itself, but the issues raised in the motion can be reviewed on appeal from the judgment.
Motion for New Trial vs. Appeal in California: Key Differences
| Aspect | Motion for New Trial | Appeal |
|---|---|---|
| Court | Same trial judge | Court of Appeal |
| Standard | Judge can re-weigh evidence | Deferential review of record only |
| Timing | Very short (15–180 days) | 60 days after judgment (or extended) |
| New Evidence | Possible (ground 4) | Almost never allowed |
| Outcome | New trial or denial | Affirm, reverse, or modify |
Common Mistakes to Avoid
- Missing the 15-day or 180-day deadline
- Failing to specify all grounds in the Notice of Intention
- Not filing the supporting memorandum within 10 days
- Using the wrong support (affidavits vs. minutes)
- Assuming the court will automatically grant more time
When to Contact a California Attorney?
Post-trial motions are highly technical. An experienced California trial or appellate attorney can evaluate your case, preserve the record, and maximize your chances of success. Many offer consultations specifically for post-trial motions.
Frequently Asked Questions About Motion for New Trial in California
Is there a form for a motion for new trial?
No standard Judicial Council form for civil cases. You must prepare custom documents.
Can I get a new trial if the jury awarded too much money?
Yes, under ground 5 (excessive damages), but the judge must weigh the evidence and state reasons.
What if the judge doesn’t rule in time?
The motion is automatically denied after 75 days (CCP § 660).
Does filing this stop enforcement of the judgment?
Not automatically. You may need to post a bond or seek a stay.
Conclusion: Your Next Steps After Losing a California Trial
A well-prepared motion for new trial in California can be your best opportunity to correct serious errors without the expense and delay of a full appeal. Act immediately—deadlines are unforgiving.
Review the official statutes (CCP §§ 657, 659, 660) on the California Legislative Information website and consult the California Rules of Court. For personalized guidance, contact a licensed California attorney right away.
Sources: California Codes of Civil Procedure §§ 657, 658, 659, 659a, 660 (current as of 2026) and California Rules of Court 3.1600.
Last updated: April 2026. Laws can change—verify with primary sources or counsel.