Title 8. Of the Trial and Judgment In Civil Actions · Chapter 7. Provisions Relating to Trials in General · Article 2. New Trials · Last amended 2025 · Last verified July 28, 2026
In one sentenceSection 659 requires the moving party to file and serve a notice of intention to move for a new trial — naming the grounds and whether it rests on affidavits, the minutes, or both — either after the decision but before judgment, or within 15 days of notice of entry of judgment or 180 days after entry, whichever comes first.
(a)The party intending to move for a new trial shall file with the clerk and serve upon each adverse party a notice of their intention to move for a new trial, designating the grounds upon which the motion will be made and whether the same will be made upon affidavits or the minutes of the court, or both, either:
(1)After the decision is rendered and before the entry of judgment.
(2)Within 15 days of the date of serving notice of entry of judgment by the clerk of the court pursuant to Section 664.5, or service upon them by any party of written notice of entry of judgment, or within 180 days after the entry of judgment, whichever is earliest; provided, that upon the filing of the first notice of intention to move for a new trial by a party, each other party shall have 15 days after the service of that notice upon them to file and serve a notice of intention to move for a new trial.
(b)That notice of intention to move for a new trial shall be deemed to be a motion for a new trial on all the grounds stated in the notice. The times specified in paragraphs (1) and (2) of subdivision (a) shall not be extended by order or stipulation or by those provisions of Section 1013 that extend the time for exercising a right or doing an act where service is by mail.
Plain-English Summary
The new-trial clock starts with this notice. Subdivision (a) gives the moving party two possible windows: file after the decision comes down but before judgment is entered, or file within 15 days after the clerk serves notice of entry of judgment under § 664.5, or after any party serves written notice of entry, or within 180 days after entry — whichever of those three deadlines arrives first. Once one party files a notice, every other party gets 15 days from being served with it to file their own.
The notice has to name the grounds for the motion and say whether it rests on affidavits, the minutes of the court, or both — the same distinction § 658 draws.
Subdivision (b) treats that notice as the motion itself, made on every ground it states. And it locks the clock down: neither the 15-day nor the 180-day deadline can be extended by stipulation, court order, or the extra time § 1013 usually allows when service happens by mail.
Frequently Asked Questions
What are the deadlines for filing a notice of intention to move for a new trial?
After the decision but before judgment, or within 15 days of notice of entry of judgment, or 180 days after entry — whichever is earliest.
Can that deadline be extended by agreement?
No. Section 659 expressly bars extending it by stipulation, court order, or the mail-service extension in § 1013.
What must the notice of intention state?
The grounds for the motion and whether it's made on affidavits, the minutes of the court, or both.
What happens once one party files the notice?
Every other party gets 15 days after being served with it to file its own notice of intention.
Amendment History
Amended by Stats 2024 ch 853 (AB 3281),s 20, eff. 1/1/2025. Amended by Stats 2012 ch 83 (AB 2106),s 1, eff. 1/1/2013.
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:notice of intention to move for new trial californianew trial deadline california