United States · California Code of Civil Procedure
When must a California new-trial intention notice be filed?
CCP 659(a)(2) selects the earliest qualifying fifteen-day notice period or 180 days after judgment entry. Another party’s first notice has a distinct branch.
- Period
- The preset lacks the judgment-entry and competing notice inputs needed to select the earliest controlling branch. No single computed or paid intention-notice date is published.
- Trigger
- All qualifying entry-notice service events, judgment entry and any first intention-notice service
- Rule
- CCP 659
Official current section reviewed. (Amended by Stats. 2024, Ch. 853, Sec. 20. (AB 3281) Effective January 1, 2025.)
Source guide · No automated date
When must a California new-trial intention notice be filed?
The preset lacks the judgment-entry and competing notice inputs needed to select the earliest controlling branch. No single computed or paid intention-notice date is published.
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Which event starts this CCP 659 inquiry?
All qualifying entry-notice service events, judgment entry and any first intention-notice service
Clerk service under this provision differs from the clerk-mailing event used by CCP 660. Compare the events rather than assuming the later notice restarts time.
Responsible actor. The party intending to move for a new trial. Establish clerk notice service under CCP 664.5, party service of written notice of entry, judgment entry and any first new-trial intention notice. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
CCP 659Which comparisons must be resolved before counting?
- All qualifying entry-notice service events, judgment entry and any first intention-notice service
- Clerk service under this provision differs from the clerk-mailing event used by CCP 660. Compare the events rather than assuming the later notice restarts time.
- Resolve the procedural comparisons described here before selecting an applicable clock. This page supplies no computed or paid date.
- File the intention notice with the clerk and serve every adverse party, stating the grounds and whether the motion relies on affidavits, court minutes or both.
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 distinguishes the statutory branches?
Assume two judgments share a service date but were entered on different earlier dates. The 180-day outer limb can end one filing opportunity before the fifteen-day limb.
The preset lacks the judgment-entry and competing notice inputs needed to select the earliest controlling branch. No single computed or paid intention-notice date is published.
Which qualifications change this procedure?
- Earliest branch
- The statute selects the earliest of the stated clerk-service, party-service and judgment-entry intervals.
- Other party’s first notice
- After the first intention notice is filed, each other party has fifteen days after that notice is served on them for the described filing and service.
- Nonextendable period
- Subsection (b) prohibits extending the listed times by order, stipulation or CCP 1013 mail additions. CCP 12a expressly addresses section 659 holidays.
- 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 clerk notice service under CCP 664.5, party service of written notice of entry, judgment entry and any first new-trial intention notice. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
- The preset lacks the judgment-entry and competing notice inputs needed to select the earliest controlling branch. No single computed or paid intention-notice date is published.
Which acts and evidence must be preserved?
Questions about CCP 659
When must a California new-trial intention notice be filed?
Does every party have 180 days after entry?
No. A qualifying fifteen-day entry-notice period can end sooner.
CCP 659(a)(2)Can an agreement add thirty days?
No. Subsection (b) bars order or stipulation extensions of the stated times.
CCP 659(b)Does this set the court’s ruling deadline?
No. CCP 660(c) uses a separate seventy-five-day court-power clock and its specified events.
CCP 660(c)Official California sources and edition review
Provisions used (14)
| Provision | Purpose |
|---|---|
| CCP 659 | The particular actor, event, period and required act |
| CCP 659(a)(2) | The separately identified counting, filing, holiday or procedural qualification |
| CCP 659(b) | The separately identified counting, filing, holiday or procedural qualification |
| 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 |