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.
- 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)
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?
- 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.
- 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.
- Check the actual judicial holidays, closures and statutory or court-ordered qualifications.
- 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 dayWhat 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.
| Step | What is counted | Date |
|---|---|---|
| Established event | The earlier qualifying clerk mailing or party service, or the first intention-notice filing where no such notice was given | August 4, 2027 |
| Disclosed component boundary | 75 days for the disclosed component | October 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.
Try these dates in the calculatorWhich 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.
- 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)
| Provision | Purpose |
|---|---|
| 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 day | The separately identified counting, filing, holiday or procedural qualification |
| CCP 12a, final judicial holidays | The separately identified counting, filing, holiday or procedural qualification |
| CCP 12b, actual whole-day office closures | The separately identified counting, filing, holiday or procedural qualification |
| CCP 12c, backward hearing and service additions | The separately identified counting, filing, holiday or procedural qualification |
| CCP 135, judicial holidays and exclusions | The separately identified counting, filing, holiday or procedural qualification |
| California judicial holiday schedule | The separately identified counting, filing, holiday or procedural qualification |
| Cal. Rules of Court, rule 1.11 | The separately identified counting, filing, holiday or procedural qualification |
| Superior Court of San Bernardino holiday schedule | The separately identified counting, filing, holiday or procedural qualification |
| CCP 1013, service additions and exceptions | The separately identified counting, filing, holiday or procedural qualification |
| CCP 1010.6, electronic service and filing | The separately identified counting, filing, holiday or procedural qualification |