The motion for new trial must be made in the Court in which the issue of fact is tried.
§ 1092.Proper Court For Making Motion For New Trial
Title 1. Of Writs of Review, Mandate, and Prohibition · Chapter 2. Writ of Mandate · Enacted 1872 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1092 requires that any motion for a new trial in a mandate proceeding be made in the same court that tried the disputed issue of fact.
Full Text of § 1092
Plain-English Summary
This is a short venue rule tied to § 1090's jury-trial procedure. Once a factual question has been tried — potentially in a county the original court designated, which may not be the court handling the mandate proceeding itself — any motion for a new trial on that issue has to be made in the court where the trial took place.
The rule keeps the new-trial motion close to the evidence and the jury that heard it, rather than routing that motion back to a mandate court that never saw the witnesses or the trial record. Once the new-trial motion is resolved, § 1093 picks up the thread and moves the case back toward the court handling the mandate application itself.
Frequently Asked Questions
Where should a motion for new trial in a mandate case be filed?
In the court where the issue of fact was tried, which under § 1090 may be a different court than the one handling the underlying mandate proceeding.
Why might the trial court and the mandate court be different?
Because § 1090 lets the court sending a factual dispute to a jury designate the county where that trial will be held, which need not be the county where the mandate proceeding itself is pending.
Amendment History
Enacted 1872.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: motion for new trial writ of mandate california