Notice of intention to move for new trial
15 days after service of notice of entry of judgment (by the clerk or a party), under Cal. Code Civ. Proc. 659(a)(2), (b) (amended by Stats. 2024, ch. 853 (AB 3281), eff. Jan. 1, 2025).
Rule text
(2) Within 15 days of the date of serving notice of entry of judgment by the clerk of the court pursuant to Section 664.5, or service upon them by any party of written notice of entry of judgment, or within 180 days after the entry of judgment, whichever is earliest; provided, that upon the filing of the first notice of intention to move for a new trial by a party, each other party shall have 15 days after the service of that notice upon them to file and serve a notice of intention to move for a new trial.(b) That notice of intention to move for a new trial shall be deemed to be a motion for a new trial on all the grounds stated in the notice. The times specified in paragraphs (1) and (2) of subdivision (a) shall not be extended by order or stipulation or by those provisions of Section 1013 that extend the time for exercising a right or doing an act where service is by mail.
Calculate this deadline
- Trigger (Service of notice of entry of judgment (by the clerk or a party)): Friday, November 6, 2026.
- Exclude the trigger day and count 15 calendar days: Saturday, November 21, 2026.
- That day is a Saturday, so the deadline moves to the next court day: Monday, November 23, 2026 (Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10).
Cal. Code Civ. Proc. 659(a)(2), (b) (amended by Stats. 2024, ch. 853 (AB 3281), eff. Jan. 1, 2025)
(2) Within 15 days of the date of serving notice of entry of judgment by the clerk of the court pursuant to Section 664.5, or service upon them by any party of written notice of entry of judgment, or within 180 days after the entry of judgment, whichever is earliest; provided, that upon the filing of the first notice of intention to move for a new trial by a party, each other party shall have 15 days after the service of that notice upon them to file and serve a notice of intention to move for a new trial.(b) That notice of intention to move for a new trial shall be deemed to be a motion for a new trial on all the grounds stated in the notice. The times specified in paragraphs (1) and (2) of subdivision (a) shall not be extended by order or stipulation or by those provisions of Section 1013 that extend the time for exercising a right or doing an act where service is by mail.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
- If no notice of entry was served, use the 180-days-after-entry rule. Jurisdictional. EARLIEST of: 15 days after service of notice of entry (clerk or party), or 180 days after entry. No 1013 or 1010.6 extension (659(b); 1010.6(a)(3)(B)(i)). CCP 12a weekend/holiday roll does apply (CCP 12a(b) names section 659). Cross-movant: 15 days after service of the first notice of intention. Same 15/180 structure applies to a CCP 663a motion to vacate (663a(a)(2)).
- 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
Service of notice of entry of judgment (by the clerk or a party) on Monday, March 15, 2027, personal service: due Tuesday, March 30, 2027.
- Trigger (Service of notice of entry of judgment (by the clerk or a party)): Monday, March 15, 2027.
- Exclude the trigger day and count 15 calendar days: Tuesday, March 30, 2027.
Notes
If no notice of entry was served, use the 180-days-after-entry rule. Jurisdictional. EARLIEST of: 15 days after service of notice of entry (clerk or party), or 180 days after entry. No 1013 or 1010.6 extension (659(b); 1010.6(a)(3)(B)(i)). CCP 12a weekend/holiday roll does apply (CCP 12a(b) names section 659). Cross-movant: 15 days after service of the first notice of intention. Same 15/180 structure applies to a CCP 663a motion to vacate (663a(a)(2)).
Related deadlines
- 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)
- Court's power to rule on JNOV motion expires (75 days after notice of entry) (75 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.