A new trial is a re-examination of an issue of fact in the same court after a trial and decision by a jury, court, or referee.
§ 656.Definition
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 7. Provisions Relating to Trials in General · Article 2. New Trials · Last amended 1907 · Last verified July 28, 2026
In one sentenceSection 656 defines a new trial as a re-examination, in the same court, of an issue of fact after a jury, court, or referee has already tried and decided that issue.
Full Text of § 656
Plain-English Summary
This one-sentence definition anchors the rest of Chapter 7's new-trial article. A new trial isn't an appeal to a higher court — it's a second look at a factual issue, in the same court that heard it the first time, after a jury verdict, a court's decision, or a referee's determination.
Everything that follows in this article — the seven grounds in § 657, the notice deadlines in § 659, the hearing procedure in § 660 — builds on this basic idea: the trial court itself gets a chance to correct its own factual determinations before a case moves any further.
Frequently Asked Questions
What is a new trial under the CCP?
A re-examination of an issue of fact, in the same court, after a trial and decision by a jury, court, or referee.
Does a new trial mean the same thing as an appeal?
No. A new trial happens in the same court that already decided the issue; an appeal goes to a reviewing court.
Which section lists the grounds for granting a new trial?
Section 657.
Amendment History
Amended by Stats. 1907, Ch. 380.
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
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