Court's power to rule on new trial motion expires

75 days after date of clerk's mailing of notice of entry (ccp 664.5) or party's service of notice of entry, whichever is earlier; if no notice, date the first notice of intention was filed, under Cal. Code Civ. Proc. 660(c).

Rule text

Except as otherwise provided in Section 12a of this code, the power of the court to rule on a motion for a new trial shall expire 75 days after the mailing of notice of entry of judgment by the clerk of the court pursuant to Section 664.5 or 75 days after service on the moving party by any party of written notice of entry of judgment, whichever is earlier, or if that notice has not been given, 75 days after the filing of the first notice of intention to move for a new trial. If the motion is not determined within the 75-day period, or within that period as extended, the effect shall be a denial of the motion without further order of the court.

Cal. Code Civ. Proc. 660(c), official source

Calculate this deadline

Deadline
Wednesday, January 20, 2027
  1. Trigger (Date of clerk's mailing of notice of entry (CCP 664.5) or party's service of notice of entry, whichever is earlier; if no notice, date the first notice of intention was filed): Friday, November 6, 2026.
  2. Exclude the trigger day and count 75 calendar days: Wednesday, January 20, 2027.
Rules applied
Cal. Code Civ. Proc. 660(c)
Except as otherwise provided in Section 12a of this code, the power of the court to rule on a motion for a new trial shall expire 75 days after the mailing of notice of entry of judgment by the clerk of the court pursuant to Section 664.5 or 75 days after service on the moving party by any party of written notice of entry of judgment, whichever is earlier, or if that notice has not been given, 75 days after the filing of the first notice of intention to move for a new trial. If the motion is not determined within the 75-day period, or within that period as extended, the effect shall be a denial of the motion without further order of the court.
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
  • Denial by operation of law if not determined (order entered in permanent minutes or signed and filed) within 75 days; CCP 12a roll applies. The same 75-day rule governs CCP 663a motions to vacate (663a(b)). Denial by operation of law starts the extended appeal period under CRC 8.108(b)(1)(B).
  • 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 of clerk's mailing of notice of entry (CCP 664.5) or party's service of notice of entry, whichever is earlier; if no notice, date the first notice of intention was filed on Monday, March 15, 2027, personal service: due Tuesday, June 1, 2027.

  1. Trigger (Date of clerk's mailing of notice of entry (CCP 664.5) or party's service of notice of entry, whichever is earlier; if no notice, date the first notice of intention was filed): Monday, March 15, 2027.
  2. Exclude the trigger day and count 75 calendar days: Saturday, May 29, 2027.
  3. That day is a Saturday, so the deadline moves to the next court day: Tuesday, June 1, 2027 (Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10).

Notes

Denial by operation of law if not determined (order entered in permanent minutes or signed and filed) within 75 days; CCP 12a roll applies. The same 75-day rule governs CCP 663a motions to vacate (663a(b)). Denial by operation of law starts the extended appeal period under CRC 8.108(b)(1)(B).

Related deadlines

All California civil deadlines

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.

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.