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United States · California Code of Civil Procedure

When does California new-trial ruling power expire?

CCP 660(c) ordinarily expires the court’s power after 75 days from the earliest specified notice event, with a first-intention-filing fallback if no notice.

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Period
75 days for the disclosed component
Trigger
The earlier qualifying clerk mailing or party service, or the first intention-notice filing where no such notice was given
Rule
CCP 660(c)
CCP 660(c)

Official current section reviewed. (Amended by Stats. 2018, Ch. 317, Sec. 1. (AB 2230) Effective January 1, 2019.)

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Which event starts this CCP 660(c) inquiry?

The earlier qualifying clerk mailing or party service, or the first intention-notice filing where no such notice was given

Clerk mailing under CCP 664.5 and party service are different events. A later notice does not restart the seventy-five days.

Responsible actor. The court determining the new-trial motion. Establish the earlier qualifying clerk mailing or party service on the moving party. Use the first intention-notice filing only if that notice has not been given. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.

CCP 660(c)

How is this particular California component counted?

  1. Establish the earlier qualifying clerk mailing or party service on the moving party. Use the first intention-notice filing only if that notice has not been given. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
  2. Exclude the established event day and count 75 calendar days under CCP 12. Intermediate weekends and holidays count. Apply CCP 12a to a final judicial holiday and check actual office closures under CCP 12b.
  3. Check the actual judicial holidays, closures and statutory or court-ordered qualifications.
  4. The court must determine the motion through permanent-minute entry or an order signed by the judge and filed with the clerk within the applicable period.

CCP 12 excludes the triggering day for ordinary day periods. CCP 12a supplies the final judicial-holiday adjustment, including Saturdays and the CCP 135 holidays. CCP 12b addresses qualifying whole-day office closures. Court-day periods exclude intermediate Saturdays, Sundays and judicial holidays. Calendar-day periods include intermediate closed days. Rule 1.11 supplies Friday observance of a Saturday judicial holiday and Monday observance of a Sunday judicial holiday. The calendar includes Lincoln Day, March 31, Juneteenth, Native American Day and Thanksgiving Friday. It excludes Columbus Day and Good Friday as ordinary full judicial holidays. The observed New Year holiday on December 31, 2027 is confirmed in the county schedule. Actual additional closures require separate evidence.

These base components do not add mail, electronic, fax, express or overnight service time. CCP 1013 and 1010.6 identify eligible additions, service conditions and express exceptions. CCP 1005 supplies its own motion-delivery provisions and excludes CCP 1013 for its identified notices. New-trial and CCP 663a intention-notice filings do not receive the stated mail or electronic additions. Establish the actual service method and governing procedure before applying any addition. A summons-service completion event is not determined by the general document-service addition.

The official sections were reviewed, including the retained 2026 and operative-2027 CCP 473 and 415.20 editions. Publication coverage for day and court-day components begins January 1, 2026, or a later expressly stated section effective date. Year components begin no earlier than January 1, 2021, or the section’s later stated effective date, and assume the current reviewed branch applies. These are software coverage boundaries, not findings that an actual act is late. Displayed final dates are confined to the independently reviewed 2026 and 2027 judicial calendar. Closed backward base boundaries and closed minimum-deposition boundaries receive no computed or paid date because their exact adjustment is not implemented. Earlier editions, emergency measures, tolling, different service methods and actual additional closures require separate review.

CCP 12, exclusion of the first day

What does an independently derived example show?

Fictitious example

Establish the earlier qualifying clerk mailing or party service on the moving party. Use the first intention-notice filing only if that notice has not been given. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review. The disclosed component, effective personal or specified nonmail service and no changed order.

Example counting steps
StepWhat is countedDate
Established eventThe earlier qualifying clerk mailing or party service, or the first intention-notice filing where no such notice was givenAugust 4, 2027
Disclosed component boundary75 days for the disclosed componentOctober 18, 2027
Example resultOctober 18, 2027

Fictitious facts within the stated coverage. This is the disclosed component, not a determination of legal accrual, effective service, court action or entitlement. No tolling, different service addition, altered order or additional closure is assumed. Closed unsupported base branches receive no computed date.

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Which qualifications change this procedure?

Determination evidence
Permanent-minute entry can determine the motion even if it directs preparation of a later written order. Preserve the actual minute-entry or signed-and-filed order date.
Holiday qualification only
The section expressly preserves CCP 12a. It contains no thirty-day agreement or court-order extension. Without timely determination, the motion is denied without further order.
Service methods and distinct statutory additions
These base components do not add mail, electronic, fax, express or overnight service time. CCP 1013 and 1010.6 identify eligible additions, service conditions and express exceptions. CCP 1005 supplies its own motion-delivery provisions and excludes CCP 1013 for its identified notices. New-trial and CCP 663a intention-notice filings do not receive the stated mail or electronic additions. Establish the actual service method and governing procedure before applying any addition. A summons-service completion event is not determined by the general document-service addition.
Edition and calendar coverage
The official sections were reviewed, including the retained 2026 and operative-2027 CCP 473 and 415.20 editions. Publication coverage for day and court-day components begins January 1, 2026, or a later expressly stated section effective date. Year components begin no earlier than January 1, 2021, or the section’s later stated effective date, and assume the current reviewed branch applies. These are software coverage boundaries, not findings that an actual act is late. Displayed final dates are confined to the independently reviewed 2026 and 2027 judicial calendar. Closed backward base boundaries and closed minimum-deposition boundaries receive no computed or paid date because their exact adjustment is not implemented. Earlier editions, emergency measures, tolling, different service methods and actual additional closures require separate review.
CCP 660(c)
  • Establish the earlier qualifying clerk mailing or party service on the moving party. Use the first intention-notice filing only if that notice has not been given. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
  • The base calculation does not resolve the excluded comparisons or establish that the responsible actor completed the required act.

Which acts and evidence must be preserved?

Questions about CCP 660(c)

When does California new-trial ruling power expire?

Can written agreement add thirty days to these seventy-five days?

No. CCP 660(c) does not authorize that extension and expressly preserves only its CCP 12a qualification.

CCP 660(c)

What if no qualifying entry notice was given?

Use filing of the first notice of intention to move for a new trial.

CCP 660(c)

Must a later written order exist if permanent minutes already determine the motion?

No. The statute recognizes the described permanent-minute entry despite its direction to prepare a written order.

CCP 660(c)

Official California sources and edition review

Provisions used (12)
Provisions used in this guide
ProvisionPurpose
CCP 660(c)The particular actor, event, period and required act
CCP 660(c)The separately identified counting, filing, holiday or procedural qualification
CCP 12, exclusion of the first dayThe separately identified counting, filing, holiday or procedural qualification
CCP 12a, final judicial holidaysThe separately identified counting, filing, holiday or procedural qualification
CCP 12b, actual whole-day office closuresThe separately identified counting, filing, holiday or procedural qualification
CCP 12c, backward hearing and service additionsThe separately identified counting, filing, holiday or procedural qualification
CCP 135, judicial holidays and exclusionsThe separately identified counting, filing, holiday or procedural qualification
California judicial holiday scheduleThe separately identified counting, filing, holiday or procedural qualification
Cal. Rules of Court, rule 1.11The separately identified counting, filing, holiday or procedural qualification
Superior Court of San Bernardino holiday scheduleThe separately identified counting, filing, holiday or procedural qualification
CCP 1013, service additions and exceptionsThe separately identified counting, filing, holiday or procedural qualification
CCP 1010.6, electronic service and filingThe separately identified counting, filing, holiday or procedural qualification
Read the official section

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