Conditional new trial order (additur or remittitur) with no stated deadline: accept or reject within 30 days after clerk serves the order
30 days after date the clerk served the conditional order granting new trial unless additur or remittitur is accepted, under Cal. Code Civ. Proc. 662.5(b), (c).
Rule text
(b) If a deadline for acceptance or rejection of the addition or reduction of damages is not set forth in the conditional order, the deadline is 30 days from the date the conditional order is served by the clerk of the court. Failure to respond to the order in accordance with this section shall be deemed a rejection of the addition or reduction of damages and a new trial limited to the issue of damages shall be granted automatically.
Calculate this deadline
- Trigger (Date the clerk served the conditional order granting new trial unless additur or remittitur is accepted): Friday, November 6, 2026.
- Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
- That day is a Sunday, so the deadline moves to the next court day: Monday, December 7, 2026 (Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10).
Cal. Code Civ. Proc. 662.5(b), (c)
(b) If a deadline for acceptance or rejection of the addition or reduction of damages is not set forth in the conditional order, the deadline is 30 days from the date the conditional order is served by the clerk of the court. Failure to respond to the order in accordance with this section shall be deemed a rejection of the addition or reduction of damages and a new trial limited to the issue of damages shall be granted automatically.Official source
Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." CCP 12b: "If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135."Official source
- Applies only if the order sets no deadline (otherwise use the order's date). Silence is deemed REJECTION and a damages-only new trial is granted automatically. An acceptance must be accompanied by a proposed amended judgment (662.5(c)). extensions 'none': AMBIGUITY whether CCP 1013 extends a period that runs 'from the date the conditional order is served by the clerk'; calendar the unextended date. Related appeal deadlines: noa_after_additur_remittitur_acceptance, _rejection, _expiry (CA-APP). Section amended by Stats. 2011, ch. 409 (AB 1403).
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date the clerk served the conditional order granting new trial unless additur or remittitur is accepted on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.
- Trigger (Date the clerk served the conditional order granting new trial unless additur or remittitur is accepted): Monday, March 15, 2027.
- Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.
Unsettled points
- The calculator shows 30 days from clerk service with no mail days, the earlier date, because silence counts as rejection.Other reading: If CCP 1013 applies to the clerk's mailed order, the deadline is 5 days later.
Notes
Applies only if the order sets no deadline (otherwise use the order's date). Silence is deemed REJECTION and a damages-only new trial is granted automatically. An acceptance must be accompanied by a proposed amended judgment (662.5(c)). extensions 'none': AMBIGUITY whether CCP 1013 extends a period that runs 'from the date the conditional order is served by the clerk'; calendar the unextended date. Related appeal deadlines: noa_after_additur_remittitur_acceptance, _rejection, _expiry (CA-APP). Section amended by Stats. 2011, ch. 409 (AB 1403).
Related deadlines
- Notice of intention to move for new trial (15 days after)
- Court's power to rule on new trial motion expires (75 days after)
- Memorandum of costs (trial costs) (15 days after)
- Motion to strike or tax costs (15 days after)
- Relief from default/judgment for mistake, inadvertence, surprise, or excusable neglect (outer limit) (6 months after)
- Motion for judgment notwithstanding the verdict (JNOV): 15 days after service of notice of entry of judgment (15 days after)
- JNOV motion: 180-day outer limit after entry of judgment (180 days after)
- JNOV or new trial by another party: 15 days after service of first notice of intention (15 days after)
Local rules by county
County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.
- Alameda
- Alpine
- Amador
- Butte
- Calaveras
- Colusa
- Contra Costa
- Del Norte
- El Dorado
- Fresno
- Glenn
- Humboldt
- Imperial
- Inyo
- Kern
- Kings
- Lake
- Lassen
- Los Angeles
- Madera
- Marin
- Mariposa
- Mendocino
- Merced
- Modoc
- Mono
- Monterey
- Napa
- Nevada
- Orange
- Placer
- Plumas
- Riverside
- Sacramento
- San Benito
- San Bernardino
- San Diego
- San Francisco
- San Joaquin
- San Luis Obispo
- San Mateo
- Santa Barbara
- Santa Clara
- Santa Cruz
- Shasta
- Sierra
- Siskiyou
- Solano
- Sonoma
- Stanislaus
- Sutter
- Tehama
- Trinity
- Tulare
- Tuolumne
- Ventura
- Yolo
- Yuba
Rules current as of 2026-10-25. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.