How is California’s new-trial or mistrial period selected?

The qualifying order entry or trial-court remittitur filing, plus the unexpired original five-year period

A remittitur issue date is not its filing by the trial-court clerk. An appealed new-trial order requires the appropriate appellate branch.

Responsible actor. The plaintiff bringing the action to trial again. Identify mistrial, an unappealed new-trial order or appellate remand, the actual qualifying event, original five-year balance and excluded intervals. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.

1. The qualifying order entry or trial-court remittitur filing, plus the unexpired original five-year period
2. A remittitur issue date is not its filing by the trial-court clerk. An appealed new-trial order requires the appropriate appellate branch.
3. Resolve the procedural comparisons described here before selecting an applicable clock. This page supplies no computed or paid date.
4. Compare the retrial branch with the preserved five-year period and applicable exclusions, then establish actual trial commencement.

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.

Assume two mistrials occur on the same date but the actions have different original commencement dates. The preserved five-year balance can make their available retrial periods differ.

The preset lacks the preserved five-year balance, correct retrial-event selection and exclusions. No single computed or paid retrial date is published.

Three distinct triggers

Subsection (a) distinguishes entry of the mistrial or jury-disagreement order, entry of an unappealed new-trial order, and trial-court clerk filing of the qualifying remittitur.

Original period preserved

Subsection (b) does not require retrial before expiry of CCP 583.310’s period. The base preset lacks that comparison.

Exclusions

CCP 583.340 supplies the identified trial-time exclusions where applicable.

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.

• Identify mistrial, an unappealed new-trial order or appellate remand, the actual qualifying event, original five-year balance and excluded intervals. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
• The preset lacks the preserved five-year balance, correct retrial-event selection and exclusions. No single computed or paid retrial date is published.

• The qualifying order entry or trial-court remittitur filing, plus the unexpired original five-year period
• A remittitur issue date is not its filing by the trial-court clerk. An appealed new-trial order requires the appropriate appellate branch.
• Subsection (a) distinguishes entry of the mistrial or jury-disagreement order, entry of an unappealed new-trial order, and trial-court clerk filing of the qualifying remittitur.
• Subsection (b) does not require retrial before expiry of CCP 583.310’s period. The base preset lacks that comparison.
• CCP 583.340 supplies the identified trial-time exclusions where applicable.
• Compare the retrial branch with the preserved five-year period and applicable exclusions, then establish actual trial commencement.
• Where filing is required, distinguish accepted filing from service. CCP 1010.6(e)(3) gives the stated same-court-day treatment to qualifying electronic court receipt between 12:00 a.m. and 11:59:59 p.m.; noncourt-day receipt is deemed on the next court day. Its confirmation and rejection provisions still matter. Preserve the accepted filing confirmation, effective service evidence and applicable local requirements. Court-office paper availability and case-specific orders require separate review. This does not turn a service-only response, court determination, completed discovery or trial commencement into a filing-only act.