(a) Time for service of memorandum Within 10 days after filing notice of intention to move for a new trial in a civil case, the moving party must serve and file a memorandum in support of the motion, and within 10 days thereafter any adverse party may serve and file a memorandum in reply. (Subd (a) amended and lettered effective January 1, 2007; adopted as part of untitled subd effective January 1, 1949.)
Rule 3.1600.Notice of intention to move for new trial
Division 16. Post-trial · Last amended 2007 · Last verified July 29, 2026
In one sentenceRule 3.1600 requires a party who has filed a notice of intention to move for a new trial to back it up with a supporting memorandum within ten days, gives the other side ten more days to respond, and lets the court deny the motion outright if the memorandum never arrives.
Full Text of Rule 3.1600
(b) Effect of failure to serve memorandum If the moving party fails to serve and file a memorandum within the time prescribed in (a), the court may deny the motion for a new trial without a hearing on the merits. (Subd (b) amended and lettered effective January 1, 2007; adopted as part of untitled subd effective January 1, 1949.)
Plain-English Summary
Filing a notice of intention to move for a new trial only starts the clock; it does not, by itself, give the court anything to rule on. Rule 3.1600 requires the moving party to follow up fast: a memorandum laying out the argument for a new trial has to be served and filed within ten days of the notice. The opposing side then gets ten more days to respond in writing.
The rule has teeth. A party who files the notice but never gets around to the supporting memorandum risks losing the motion without ever being heard on the merits, since the court may deny it on the papers, treating the missed deadline as a sign the motion was not seriously pursued.
Frequently Asked Questions
How long after filing a notice of intention to move for a new trial must the supporting memorandum be filed?
Ten days, under Rule 3.1600(a). The opposing party then has ten more days to file a reply memorandum.
What happens if the memorandum supporting a new trial motion is never filed?
The court may deny the motion without a hearing on the merits, under Rule 3.1600(b).
Amendment History
Rule 3.1600 amended and renumbered effective January 1, 2007; adopted as rule 203 effective January 1, 1949; previously amended effective April 1, 1962, January 1, 1971, January 1, 1984, and January 1, 1987; previously amended and renumbered as rule 236.5 effective January 1, 2003.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
Also known as: notice of intention to move for new trial California deadlinenew trial motion memorandum deadline CaliforniaCRC rule 3.1600