What is the test for a motion to overturn an order granting a new trial?

Plaintiffs' chief contention on appeal is that the order granting new trial should be reversed as the court was late in filing its statement of reasons. Code of Civil Procedure section 657 requires the court to give not merely its grounds for granting a new trial, but the reasoning behind those grounds. If the order granting new trial "does not contain such specification of reasons, the court must, within 10 days after filing such order, prepare, sign and file such specification of reasons in writing with the clerk." (Code Civ.Proc., 657.) This 10-day period has been held to act as a statute of limitations on the court. (Mercer v. Perez (1968) 68 Cal.2d 104, 121, 65 Cal.Rptr. 315, 436 P.2d 315.)

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