New trial / JNOV / motion to vacate: moving brief and affidavits (10 days after filing notice of intention)

10 days after date the notice of intention to move for new trial (or jnov motion, or 663a notice of intention) was filed, under Cal. Code Civ. Proc. 659a; 629(b); 663a(d).

Rule text

CCP 659a: "Within 10 days of filing the notice, the moving party shall serve upon all other parties and file any brief and accompanying documents, including affidavits in support of the motion. The other parties shall have 10 days after that service within which to serve upon the moving party and file any opposing briefs and accompanying documents, including counter-affidavits. The moving party shall have five days after that service to file any reply brief and accompanying documents. These deadlines may, for good cause shown by affidavit or by written stipulation of the parties, be extended by any judge for an additional period not to exceed 10 days."

Cal. Code Civ. Proc. 659a; 629(b); 663a(d), official source

Calculate this deadline

Deadline
Monday, November 16, 2026
  1. Trigger (Date the notice of intention to move for new trial (or JNOV motion, or 663a notice of intention) was FILED): Friday, November 6, 2026.
  2. Exclude the trigger day and count 10 calendar days: Monday, November 16, 2026.
Rules applied
Cal. Code Civ. Proc. 659a; 629(b); 663a(d)
CCP 659a: "Within 10 days of filing the notice, the moving party shall serve upon all other parties and file any brief and accompanying documents, including affidavits in support of the motion. The other parties shall have 10 days after that service within which to serve upon the moving party and file any opposing briefs and accompanying documents, including counter-affidavits. The moving party shall have five days after that service to file any reply brief and accompanying documents. These deadlines may, for good cause shown by affidavit or by written stipulation of the parties, be extended by any judge for an additional period not to exceed 10 days."
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
  • Runs from FILING of the notice, not service; no service extension. Applies to JNOV through 629(b) and to 663a motions to vacate through 663a(d). Any judge may extend for good cause shown by affidavit or by written stipulation for up to 10 more days. Failure to file supporting affidavits can limit grounds requiring affidavits (CCP 658). Section last amended Stats. 2014, ch. 93 (AB 1659), eff. Jan. 1, 2015.
  • 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 notice of intention to move for new trial (or JNOV motion, or 663a notice of intention) was FILED on Monday, March 15, 2027, personal service: due Thursday, March 25, 2027.

  1. Trigger (Date the notice of intention to move for new trial (or JNOV motion, or 663a notice of intention) was FILED): Monday, March 15, 2027.
  2. Exclude the trigger day and count 10 calendar days: Thursday, March 25, 2027.

Notes

Runs from FILING of the notice, not service; no service extension. Applies to JNOV through 629(b) and to 663a motions to vacate through 663a(d). Any judge may extend for good cause shown by affidavit or by written stipulation for up to 10 more days. Failure to file supporting affidavits can limit grounds requiring affidavits (CCP 658). Section last amended Stats. 2014, ch. 93 (AB 1659), eff. Jan. 1, 2015.

Related deadlines

All California civil deadlines

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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.