Title 8. Of the Trial and Judgment In Civil Actions · Chapter 1.5. Dismissal for Delay in Prosecution · Article 3. Mandatory Time for Bringing Action to Trial or New Trial · Enacted 1705 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 583.320 requires an action to be retried within three years of a mistrial or jury disagreement, a new trial order left unappealed, or a remittitur following an appeal affirming a new trial order or reversing and remanding, without ever requiring retrial sooner than the original five-year deadline under § 583.310.
(a)If a new trial is granted in the action the action shall again be brought to trial within the following times:
(1)If a trial is commenced but no judgment is entered because of a mistrial or because a jury is unable to reach a decision, within three years after the order of the court declaring the mistrial or the disagreement of the jury is entered.
(2)If after judgment a new trial is granted and no appeal is taken, within three years after the order granting the new trial is entered.
(3)If on appeal an order granting a new trial is affirmed or a judgment is reversed and the action remanded for a new trial, within three years after the remittitur is filed by the clerk of the trial court.
(b)Nothing in this section requires that an action again be brought to trial before expiration of the time prescribed in Section 583.310.
Plain-English Summary
A case doesn't always end with the first trial. When a new trial is granted, this section sets fresh deadlines for getting the case back in front of a factfinder, keyed to how the need for a retrial arose. If a trial started but produced no judgment because of a mistrial or a jury that couldn't reach a decision, the action must be retried within three years after the order declaring the mistrial or the jury's disagreement is entered.
If a new trial is granted after judgment and nobody appeals, the three years run from the order granting the new trial. And if an appeal results in an order affirming a new trial grant, or a judgment reversed and the case remanded for a new trial, the three years run from when the remittitur is filed by the clerk of the trial court.
None of this shortens the plaintiff's original runway. Subdivision (b) makes clear that nothing in this section requires the case be retried before the five-year deadline in § 583.310 would otherwise expire — so a case still well within its original five years when a mistrial happens gets whichever deadline, the original five-year period or this section's three-year retrial window, falls later.
Frequently Asked Questions
How long does a plaintiff have to retry a case after a mistrial?
Three years after the order declaring the mistrial, or the jury's disagreement, is entered.
What if a new trial is granted and nobody appeals?
The action must be retried within three years after the order granting the new trial is entered.
What if the new trial order itself gets appealed?
If the appeal affirms the new trial order, or reverses the judgment and remands for a new trial, the three years run from when the remittitur is filed by the clerk of the trial court.
Does this section ever shorten the original five-year deadline?
No. Section 583.320(b) confirms it doesn't require retrial before the five-year period in § 583.310 would otherwise expire.
Amendment History
Added by Stats. 1984, Ch. 1705, Sec. 5.
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:new trial three year deadline californiaretrial deadline after mistrial california