Motion for reconsideration (CCP 1008(a))
10 days after date written notice of entry of the order was served on the moving party, under Cal. Code Civ. Proc. 1008(a), (e).
Rule text
CCP 1008(a): "(a) When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order." CCP 1008(e): "No application to reconsider any order or for the renewal of a previous motion may be considered by any judge or court unless made according to this section."
Calculate this deadline
- Trigger (Date written notice of entry of the order was served on the moving party): Friday, November 6, 2026.
- Exclude the trigger day and count 10 calendar days: Monday, November 16, 2026.
Cal. Code Civ. Proc. 1008(a), (e)
CCP 1008(a): "(a) When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order." CCP 1008(e): "No application to reconsider any order or for the renewal of a previous motion may be considered by any judge or court unless made according to this section."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
- Jurisdictional under 1008(e). Runs from service of written notice of ENTRY of the order, not from the ruling. Extensions set to general because 1008 contains no exception and CCP 1013(a) and 1010.6(a)(3)(B) by their terms extend periods running from service of a document; LAWYER REVIEW: conservative practice is to calendar the unextended 10th day. Must be based on new or different facts, circumstances, or law, shown by affidavit. A renewed application by the original moving party under 1008(b) has no fixed time limit (see not_modeled). Denial is not separately appealable (1008(g)). A timely, valid reconsideration motion can extend the time to appeal the underlying order under CRC 8.108(e) (see CA-APP rules noa_after_reconsideration_*). Section last amended Stats. 2011, ch. 78, eff. Jan. 1, 2012.
- 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 written notice of entry of the order was served on the moving party on Monday, March 15, 2027, personal service: due Thursday, March 25, 2027.
- Trigger (Date written notice of entry of the order was served on the moving party): Monday, March 15, 2027.
- Exclude the trigger day and count 10 calendar days: Thursday, March 25, 2027.
Notes
Jurisdictional under 1008(e). Runs from service of written notice of ENTRY of the order, not from the ruling. Extensions set to general because 1008 contains no exception and CCP 1013(a) and 1010.6(a)(3)(B) by their terms extend periods running from service of a document; LAWYER REVIEW: conservative practice is to calendar the unextended 10th day. Must be based on new or different facts, circumstances, or law, shown by affidavit. A renewed application by the original moving party under 1008(b) has no fixed time limit (see not_modeled). Denial is not separately appealable (1008(g)). A timely, valid reconsideration motion can extend the time to appeal the underlying order under CRC 8.108(e) (see CA-APP rules noa_after_reconsideration_*). Section last amended Stats. 2011, ch. 78, eff. Jan. 1, 2012.
Related deadlines
- Noticed motion: serve and file moving papers before hearing (16 court days before)
- Noticed motion: opposition (9 court days before)
- Noticed motion: reply (5 court days before)
- Motion for summary judgment / adjudication: notice before hearing (81 days before)
- Motion for summary judgment: opposition (20 days before)
- Motion for summary judgment: reply (11 days before)
- Motion for summary judgment: last day for hearing before trial (30 days before)
- Ex parte application: notice to other parties (1 court day before)
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.