(a) After a party has completed his presentation of evidence in a trial by the court, the other party, without waiving his right to offer evidence in support of his defense or in rebuttal in the event the motion is not granted, may move for a judgment. The court as trier of the facts shall weigh the evidence and may render a judgment in favor of the moving party, in which case the court shall make a statement of decision as provided in Sections 632 and 634, or may decline to render any judgment until the close of all the evidence. The court may consider all evidence received, provided, however, that the party against whom the motion for judgment has been made shall have had an opportunity to present additional evidence to rebut evidence received during the presentation of evidence deemed by the presenting party to have been adverse to him, and to rehabilitate the testimony of a witness whose credibility has been attacked by the moving party. Such motion may also be made and granted as to any cross-complaint.
§ 631.8.Motion For Judgment By Other Party After Party Completes Presentation of Evidence
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 5. Trial by the Court · Last amended 1986 · Last verified July 28, 2026
In one sentenceSection 631.8 lets a party move for judgment in a bench trial once the opposing party finishes presenting evidence, requires a statement of decision if the court grants judgment, allows partial judgment on some issues while the case continues on the rest, and treats a granted motion as an adjudication on the merits.
Full Text of § 631.8
(b) If it appears that the evidence presented supports the granting of the motion as to some but not all the issues involved in the action, the court shall grant the motion as to those issues and the action shall proceed as to the issues remaining. Despite the granting of such a motion, no final judgment shall be entered prior to the termination of the action, but the final judgment in such action shall, in addition to any matters determined in the trial, award judgment as determined by the motion herein provided for.
(c) If the motion is granted, unless the court in its order for judgment otherwise specifies, such judgment operates as an adjudication upon the merits.
Plain-English Summary
This is the bench-trial counterpart to a motion for nonsuit or directed verdict. Once a party finishes presenting evidence, the other side can move for judgment without giving up the right to present its own case if the motion doesn't succeed. The court weighs the evidence already in and can rule for the moving party right away — issuing a statement of decision as §§ 632 and 634 require — or hold off ruling until all the evidence is in. Either way, the party who's been moved against gets a chance to rebut evidence it saw as adverse and to rehabilitate a witness the moving party attacked; the same motion can also target a cross-complaint.
The ruling doesn't have to be all-or-nothing. If the evidence supports judgment on some issues but not others, subdivision (b) lets the court grant the motion as to those issues while the case proceeds on what's left, holding off on any final judgment until the whole action is resolved.
When the court does grant the motion, subdivision (c) treats it as an adjudication on the merits — unless the court's own order says otherwise.
Frequently Asked Questions
When can a party move for judgment in a bench trial?
After the other party has completed presenting its evidence, without waiving the right to present a defense or rebuttal case if the motion is denied.
Does the court have to rule on the motion right away?
No. The court may render judgment immediately with a statement of decision, or decline to rule until all the evidence is in.
Can the court grant judgment on only some of the issues?
Yes, subdivision (b) allows partial judgment on the issues the evidence supports, with the case continuing on the rest and final judgment awaiting the end of the whole action.
Does a judgment granted under this section count as a decision on the merits?
Yes, unless the court's order for judgment specifies otherwise.
Amendment History
Amended by Stats. 1986, Ch. 540, Sec. 13.
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 judgment bench trial californianonsuit bench trial california