(a) On the hearing of the motion, reference may be had in all cases to the pleadings and orders of the court on file, and when the motion is made on the minutes, reference may also be had to any depositions and documentary evidence offered at the trial and to the report of the proceedings on the trial taken by the phonographic reporter, or to any certified transcript of the report or if there be no such report or certified transcript, to proceedings occurring at the trial that are within the recollection of the judge; when the proceedings at the trial have been phonographically reported, but the reporter's notes have not been transcribed, the reporter shall, upon request of the court or either party, attend the hearing of the motion and read his or her notes, or such parts thereof as the court, or either party, may require.
§ 660.Hearing and Disposition of Motion
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 7. Provisions Relating to Trials in General · Article 2. New Trials · Last amended 2019 · Last verified July 28, 2026
In one sentenceSection 660 governs the new-trial hearing — allowing reference to the trial record and reporter's transcript, giving the motion priority over most other court business, and cutting off the court's power to rule 75 days after notice of entry of judgment or the first notice of intention, after which an undetermined motion is deemed denied by operation of law.
Full Text of § 660
(b) The hearing and determination of the motion for a new trial shall have precedence over all other matters except criminal cases, probate matters, and cases actually on trial, and it shall be the duty of the court to determine the motion at the earliest possible moment.
(c) Except as otherwise provided in Section 12a of this code, the power of the court to rule on a motion for a new trial shall expire 75 days after the mailing of notice of entry of judgment by the clerk of the court pursuant to Section 664.5 or 75 days after service on the moving party by any party of written notice of entry of judgment, whichever is earlier, or if that notice has not been given, 75 days after the filing of the first notice of intention to move for a new trial. If the motion is not determined within the 75-day period, or within that period as extended, the effect shall be a denial of the motion without further order of the court. A motion for a new trial is not determined within the meaning of this section until an order ruling on the motion is entered in the permanent minutes of the court or signed by the judge and filed with the clerk. The entry of a new trial order in the permanent minutes of the court shall constitute a determination of the motion even though that minute order, as entered, expressly directs that a written order be prepared, signed, and filed. The minute entry shall in all cases show the date on which the order is entered in the permanent minutes, but failure to comply with this direction shall not impair the validity or effectiveness of the order.
Plain-English Summary
At the hearing, the court can look beyond the four corners of the motion. Subdivision (a) lets it reference the pleadings and orders on file in every case, and — when the motion rests on the minutes — the depositions, documentary evidence, and the reporter's transcript from trial, or the judge's own recollection if no transcript exists. If the trial was reported but never transcribed, the reporter must appear and read back the relevant notes on request.
Subdivision (b) puts new-trial motions near the front of the line: they take precedence over everything except criminal cases, probate matters, and cases already on trial, and the court has a duty to rule at the earliest possible moment.
Subdivision (c) is what makes new-trial practice so deadline-driven. The court's power to rule expires 75 days after the clerk mails notice of entry of judgment under § 664.5, or 75 days after any party serves written notice of entry — whichever comes first — or, if neither notice was given, 75 days after the first notice of intention to move for a new trial was filed. Miss that window, even as extended, and the motion is denied automatically, without any order. The statute is precise about what "determined" means: an order entered in the court's permanent minutes, or signed by the judge and filed with the clerk, counts even if that minute order calls for a later written order.
Frequently Asked Questions
What can the court consider at a new-trial hearing?
The pleadings and orders on file in every case, plus depositions, documentary evidence, and the reporter's transcript when the motion rests on the minutes.
Does a new-trial motion get priority on the court's calendar?
Yes, over everything except criminal cases, probate matters, and cases already on trial.
How long does the court have to rule on a new-trial motion?
75 days after notice of entry of judgment is mailed or served, or 75 days after the first notice of intention is filed if no such notice was given.
What happens if the court doesn't rule within that time?
The motion is denied automatically, without any further order of the court.
Amendment History
Amended by Stats 2018 ch 317 (AB 2230),s 1, eff. 1/1/2019.
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 motion deadline california75 days new trial california