What is the time limit for a motion for a new trial?

California, United States of America

The following excerpt is from Hicks v. Pacific Bell, 52 Cal.App.4th 692, 60 Cal.Rptr.2d 685 (Cal. App. 1997):

Code of Civil Procedure, section 660 states, as pertinent: "Except as otherwise provided in Section 12a of this code, the power of the court to rule on a motion for a new trial shall expire 60 days from and after ... service on the moving party by any party of written notice of the entry of judgment, ... If such a motion is not determined within said period of 60 days, ... the effect shall be a denial of the motion without further order of the court." The time limit for the court to decide the motion is jurisdictional. (Siegal v. Superior Court (1968) 68 Cal.2d 97, 65 Cal.Rptr. 311, 436 P.2d 311.)

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)

Does a motion for a new trial need to be denied because the trial court did not abuse its discretion in denying the motion for new trial? (California, United States of America)

Does a motion for a new trial have to be granted because the trial court refused to grant a motion to sever? (California, United States of America)

Does a deputy district attorney acquiesce in having the motion heard during the trial of a defendant before trial, rather than prior to trial? (California, United States of America)

What are the principles of a motion for a new trial where a witness in a murder trial later dies before the trial has even begun? (California, United States of America)

If a defendant makes a motion for a continuance of trial on grounds of ineffective assistance of counsel at trial, is it appropriate to appoint a new counsel to prepare the motion? (California, United States of America)

What is the test for denying a motion for a new trial on the grounds that the trial judge did not abuse his discretion in denying the motion under the first two grounds? (California, United States of America)

Does a motion for a new trial have to be granted because the trial court refused to grant a motion to sever? (California, United States of America)

Can a defendant obtain a new trial on the grounds that the trial court did not abuse its discretion to deny the motion on the same grounds as the previous motion? (California, United States of America)

Can a motion for a new trial be appealed from the order denying defendant's motion for new trial? (California, United States of America)

What is the time limit for a motion for a new trial?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources