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Civil, Family, and Administrative Appeals and Writs

Motion for a New Trial

The timeline for filing an appeal after the denial of a motion for a new trial is complicated and depends on the specific facts of each case. This brief article illustrates some of the perils and pitfalls of filing a timely notice of appeal and is not legal advice or a substitute for consultation with a certified appellate specialist in order to ensure that you file the notice of appeal on time and meet all of the relevant deadlines.

A motion for a new trial must be filed within:

(1)  15 days of the mailing of notice of entry of judgment by the clerk under CCP § 664.5 [applies in small claims action or where party is in pro per, or

(2)  15 days of the service by any party of the written notice of entry of judgment; or

(3)  180 days after entry of judgment where there is no service of the notice of entry of judgment. (CCP § 659, subd. (2).)

A motion for a new trial must be decided by the court within 60 days from the earliest of the following, or it is deemed denied by operation of law:

(1)  The mailing of notice of entry of judgment by the clerk under CCP § 664.5 [applies in small claims action or where party is in pro per, or

(2)  The service by any party of the written notice of entry of judgment; or

(3) Where there is no service of the written notice of entry of judgment, the filing of the first notice of intention to move for a new trial. (CCP § 663a, subd. (b).)

The time to file an appeal from the denial of a new trial is the earliest of:

(1) 30 days after the superior court clerk mails, or a party serves, an order denying the motion or a notice of entry of that order; or

(2) 30 days after denial of the motion by operation of law; or

(3) 180 days after entry of judgment. (Calif. Rules of Court, Rule 8.101.)

The time to file an appeal where the trial court finds excessive or inadequate damages and grants the motion for a new trial subject to condition that the motion is denied if a party consents to the additur or remittitur of damages is:

(1) If a party serves an acceptance of the additur or remittitur with the time for acceptance, the time to appeal is extended until 30 days after the date the party serves the acceptance.

(2) If a party serves a rejection of the additur or remittitur within the time for acceptance or if the time expires, the time to appeal is extended until the earliest of 30 days after the date the party serves the rejection or 30 days after the date on which the time for accepting the additur or remittitur expired. (Calif. Rules of Court, Rule 8.101.)

The timelines are complicated and this short article illustrates some of the factors that are taken into consideration when determining whether an appeal is timely filed. Every situation is unique and should be evaluated by a certified appellate specialist in order to ensure that you do not miss these crucial deadlines.

Disclaimer:

By providing this information, we do not establish a lawyer-client relationship as this may not be proper in the internet environment. We have attempted to employ our best efforts to present and maintain the information provided herein but do not warrant that the information is complete or accurate. We do not assume, and hereby disclaim, any liability to any person for any loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or any other cause. The information contained herein is not to be used as a basis for advice to clients or applied to any particular matters. Counsel should be consulted directly as to the current law applicable to particular situations. We therefore issue a general disclaimer but encourage you to seek direct legal advice.