CALIFORNIA FAMILY LAW
...Procedure After Trial/Hearing
......Attack on Judgments/Orders
.........Motion for New Trial
............Time Limits/Procedural Defects
 10 Cards On This Topic:
  • Time limits for filing notice of intention to move for new trial.
  • Time limits for filing briefs and accompanying documents relating to motion for new trial.
  • Time limits for hearing and ruling on motion for new trial.
  • A court has jurisdiction to consider affidavits supporting a motion for a new trial that are untimely served under CCP §659a.
  • Post-trial deadlines may be triggered either by clerk’s mailing a Notice of Entry or one party’s serving the other with an endorsed-filed copy; filing of proof of service not required.
  • No abuse of discretion in denying W's new trial motion for untimeliness where she complied with 15-day deadline to submit notice of intention but failed to timely file memo of P&As in support.
  • Late filed notice of intention to move for new trial is invalid and does not extend time to file appeal.
  • Notice of intention to move for new trial cannot be amended after statutory time for filing has expired.
  • Court's order granting new trial made after expiration of 60-day period is void.
  • Trial court must deny motion for new trial when hearing calendared after expiration of 60-day period.


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