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United States · California Code of Civil Procedure

When may a California party seek order reconsideration?

CCP 1008(a) permits the affected party’s application within ten days after service of written notice of order entry, on new or different material.

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Period
10 days for the disclosed component
Trigger
Effective personal service on this party of written notice of entry of the order
Rule
CCP 1008(a)
CCP 1008(a)

Official current section reviewed. (g) An order denying a motion for reconsideration made pursuant to subdivision (a) is not separately appealable. However, if the order that was the subject of a motion for reconsideration is appealable, the denial of the motion for reconsideration is reviewable as part of an appeal from that order. (h) This section applies to all applications for interim orders. (Amended by Stats. 2011, Ch. 78, Sec. 1. (AB 1067) Effective January 1, 2012.)

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Which event starts this CCP 1008(a) inquiry?

Effective personal service on this party of written notice of entry of the order

Order issuance or entry alone is not the specified service event. A renewed application under subsection (b) is a different procedure.

Responsible actor. The party affected by the identified order. Use effective personal service of written notice of entry, an application under subsection (a), and the required new or different facts, circumstances or law. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.

CCP 1008(a)

How is this particular California component counted?

  1. Use effective personal service of written notice of entry, an application under subsection (a), and the required new or different facts, circumstances or law. 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 10 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. Apply to the same judge or court, supplying the affidavit identifying the prior application, judge, order and new or different facts, circumstances or law.

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

Use effective personal service of written notice of entry, an application under subsection (a), and the required new or different facts, circumstances or law. 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 eventEffective personal service on this party of written notice of entry of the orderAugust 2, 2027
Disclosed component boundary10 days for the disclosed componentAugust 12, 2027
Example resultAugust 12, 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?

Renewed application
Subsection (b) separately addresses a subsequent application for the same order and its affidavit. Do not automatically assign subsection (a)’s ten-day branch to it.
Court-initiated reconsideration
Subsection (c) addresses court reconsideration on its own motion after a qualifying law change, rather than this party application.
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 1008(a)
  • Use effective personal service of written notice of entry, an application under subsection (a), and the required new or different facts, circumstances or law. 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 1008(a)

When may a California party seek order reconsideration?

Does order entry alone automatically start ten days?

No. Subsection (a) specifies service on the party of written notice of entry.

CCP 1008(a)

May the application omit an explanation of new material?

No. The prescribed affidavit must identify what new or different facts, circumstances or law are claimed.

CCP 1008(a)

Does a later-enacted nonretroactive statute automatically count as new law?

No. Subsection (f) excludes that statute from alleged new or different law.

CCP 1008(f)

Official California sources and edition review

Provisions used (15)
Provisions used in this guide
ProvisionPurpose
CCP 1008(a)The particular actor, event, period and required act
CCP 1008(b)The separately identified counting, filing, holiday or procedural qualification
CCP 1008(c)The separately identified counting, filing, holiday or procedural qualification
CCP 1008(a)The separately identified counting, filing, holiday or procedural qualification
CCP 1008(f)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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