(a) When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.
§ 1008.Motion to Reconsider Matter and Modify, Amend Or Revoke Prior Order
Title 14. Of Miscellaneous Provisions · Chapter 4. Motions and Orders · Last amended 2012 · Last verified July 28, 2026
In one sentenceSection 1008 requires a motion for reconsideration to be filed within ten days of notice of the order's entry, based on new or different facts, circumstances, or law, supported by an affidavit describing the earlier application, and makes that procedure the exclusive route to reconsidering any court order.
Full Text of § 1008
(b) A party who originally made an application for an order which was refused in whole or part, or granted conditionally or on terms, may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it shall be shown by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown. For a failure to comply with this subdivision, any order made on a subsequent application may be revoked or set aside on ex parte motion.
(c) If a court at any time determines that there has been a change of law that warrants it to reconsider a prior order it entered, it may do so on its own motion and enter a different order.
(e) This section specifies the court's jurisdiction with regard to applications for reconsideration of its orders and renewals of previous motions, and applies to all applications to reconsider any order of a judge or court, or for the renewal of a previous motion, whether the order deciding the previous matter or motion is interim or final. No application to reconsider any order or for the renewal of a previous motion may be considered by any judge or court unless made according to this section.
(f) For the purposes of this section, an alleged new or different law shall not include a later enacted statute without a retroactive application.
(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.
Plain-English Summary
Section 1008 is one of the most frequently cited and strictly enforced provisions in California civil procedure, because litigants often assume a second try at the same motion is easy to get. It isn't. Subdivision (a) lets a party affected by an order — refused, granted, or granted with conditions — apply to the same judge or court within ten days after being served with written notice of the order's entry, but only based on new or different facts, circumstances, or law, and only if the moving party's affidavit spells out what was argued before, when, to which judge, what was decided, and what's new now.
Subdivision (b) covers the flip side: a party who makes a second application for the same order the court already refused or granted with conditions has to make the same showing by affidavit. Skipping that requirement lets the resulting order be revoked or set aside on ex parte motion. Subdivision (c) gives the court its own independent path to reconsider — on its own motion, if the law has changed — without needing a party's application at all.
The rest of the section has real teeth. Violating § 1008 can be punished as contempt and with sanctions under § 128.7, and an order entered in violation of the section can be revoked by the judge who made it or vacated by another judge of the same court. Subdivision (e) makes this the exclusive procedure for reconsidering any court order or renewing a prior motion, whether the earlier ruling was interim or final — no judge may consider a reconsideration request made outside this framework. A later-enacted, non-retroactive statute doesn't count as new or different law under subdivision (f). And while an order denying reconsideration isn't separately appealable under subdivision (g), it can be reviewed as part of an appeal from the underlying order if that order is itself appealable.
Frequently Asked Questions
How long does a party have to file a motion for reconsideration?
Within ten days after being served with written notice of entry of the order, under § 1008(a).
What must a motion for reconsideration be based on?
New or different facts, circumstances, or law, not merely a fresh argument about facts already presented — and the affidavit must describe the prior application and ruling in detail.
Can I appeal directly from an order denying reconsideration?
No. Section 1008(g) says such an order isn't separately appealable, though it can be reviewed as part of an appeal from the underlying order if that order is appealable.
Does a later statute always count as "new or different law" for reconsideration purposes?
No. Section 1008(f) excludes a later-enacted statute that doesn't apply retroactively.
What happens if a party ignores this section's requirements when renewing a motion?
The court can treat it as contempt and impose sanctions under § 128.7, and any resulting order can be revoked or vacated because § 1008(e) makes this the exclusive procedure for reconsideration.
Amendment History
Amended by Stats 2011 ch 78 (AB 1067),s 1, eff. 1/1/2012.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: motion for reconsideration california10 days reconsideration californianew or different facts motion