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United States · California Code of Civil Procedure

Does California always allow 180 days for a new-trial notice?

CCP 659(a)(2) includes 180 days after judgment entry as an outer limb, but qualifying notice service can create an earlier fifteen-day limit.

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Read why no date is calculated
Period
The preset cannot check whether an earlier notice-service limb already controls. No computed or paid 180-day final filing date is published.
Trigger
Judgment entry together with the qualifying notice-service events
Rule
CCP 659(a)(2)
CCP 659(a)(2)

Official current section reviewed. (Amended by Stats. 2024, Ch. 853, Sec. 20. (AB 3281) Effective January 1, 2025.)

Source guide · No automated date

Does California always allow 180 days for a new-trial notice?

The preset cannot check whether an earlier notice-service limb already controls. No computed or paid 180-day final filing date is published.

CCP 659(a)(2)

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Which event starts this CCP 659(a)(2) inquiry?

Judgment entry together with the qualifying notice-service events

A record containing only judgment entry cannot determine whether an earlier clerk or party notice already shortened the available period.

Responsible actor. The party intending to move for a new trial. Identify judgment entry, every qualifying entry-notice service and another party’s first intention notice. The 180-day limb is not a standalone final deadline. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.

CCP 659(a)(2)

Which comparisons must be resolved before counting?

  1. Judgment entry together with the qualifying notice-service events
  2. A record containing only judgment entry cannot determine whether an earlier clerk or party notice already shortened the available period.
  3. Resolve the procedural comparisons described here before selecting an applicable clock. This page supplies no computed or paid date.
  4. Resolve the controlling branch before filing with the clerk and serving the intention notice on each adverse party. Preserve all event evidence.

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 distinguishes the statutory branches?

Assume one judgment receives a qualifying entry notice early and another receives none. The same judgment-entry date need not produce the same final intention-notice opportunity.

The preset cannot check whether an earlier notice-service limb already controls. No computed or paid 180-day final filing date is published.

Which qualifications change this procedure?

Earlier notices
The statutory earliest comparison includes fifteen days after the described clerk notice service or party service of written entry notice.
No agreement extension
Order, stipulation and CCP 1013 mail additions do not extend the identified statutory times.
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 659(a)(2)
  • Identify judgment entry, every qualifying entry-notice service and another party’s first intention notice. The 180-day limb is not a standalone final deadline. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
  • The preset cannot check whether an earlier notice-service limb already controls. No computed or paid 180-day final filing date is published.

Which acts and evidence must be preserved?

Questions about CCP 659(a)(2)

Does California always allow 180 days for a new-trial notice?

Is 180 days an alternative I may choose?

No. The statutory comparison uses whichever applicable interval ends earliest.

CCP 659(a)(2)

What evidence could establish an earlier limit?

Retain the qualifying clerk entry-notice service and party written entry-notice service, together with judgment entry.

CCP 659(a)(2)

Does the outer limb set the court’s determination time?

No. CCP 660(c) provides the court’s distinct seventy-five-day clock.

CCP 660(c)

Official California sources and edition review

Provisions used (14)
Provisions used in this guide
ProvisionPurpose
CCP 659(a)(2)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 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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