Notice of intention to move for new trial: 180-day outer limit after entry of judgment
180 days after date of entry of judgment, under Cal. Code Civ. Proc. 659(a)(2), (b).
Rule text
CCP 659(a): "(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." CCP 659(b): "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 (Date of entry of judgment): Friday, November 6, 2026.
- Exclude the trigger day and count 180 calendar days: Wednesday, May 5, 2027.
Cal. Code Civ. Proc. 659(a)(2), (b)
CCP 659(a): "(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." CCP 659(b): "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
- Separates the 180-day alternative that the existing rule new_trial_notice_of_intention folds into its trigger text (that rule's 15-day count must not be run from entry of judgment). EARLIEST of 15 days after service of notice of entry or 180 days after entry controls. Jurisdictional; no extension. Section amended Stats. 2024, ch. 853 (AB 3281), eff. Jan. 1, 2025.
- 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 entry of judgment on Monday, March 15, 2027, personal service: due Monday, September 13, 2027.
- Trigger (Date of entry of judgment): Monday, March 15, 2027.
- Exclude the trigger day and count 180 calendar days: Saturday, September 11, 2027.
- That day is a Saturday, so the deadline moves to the next court day: Monday, September 13, 2027 (Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10).
Notes
Separates the 180-day alternative that the existing rule new_trial_notice_of_intention folds into its trigger text (that rule's 15-day count must not be run from entry of judgment). EARLIEST of 15 days after service of notice of entry or 180 days after entry controls. Jurisdictional; no extension. Section amended Stats. 2024, ch. 853 (AB 3281), eff. Jan. 1, 2025.
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.