§ 662.5.Conditional Orders Where New Trial Limited to Issue of Damages
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 7. Provisions Relating to Trials in General · Article 2. New Trials · Last amended 2012 · Last verified July 28, 2026
In one sentenceSection 662.5 lets a trial court, instead of granting a new trial limited to damages, issue a conditional order requiring the losing party to accept an addition or the winning party to accept a reduction that the court finds fair and reasonable, with a 30-day deadline to respond or the new trial proceeds automatically.
(a)In any civil action where after trial by jury an order granting a new trial limited to the issue of damages would be proper, the trial court may in its discretion:
(1)If the ground for granting a new trial is inadequate damages, issue a conditional order granting the new trial unless the party against whom the verdict has been rendered consents to the addition of damages in an amount the court in its independent judgment determines from the evidence to be fair and reasonable.
(2)If the ground for granting a new trial is excessive damages, issue a conditional order granting the new trial unless the party in whose favor the verdict has been rendered consents to the reduction of so much thereof as the court in its independent judgment determines from the evidence to be fair and reasonable.
(b)If a deadline for acceptance or rejection of the addition or reduction of damages is not set forth in the conditional order, the deadline is 30 days from the date the conditional order is served by the clerk of the court. Failure to respond to the order in accordance with this section shall be deemed a rejection of the addition or reduction of damages and a new trial limited to the issue of damages shall be granted automatically.
(c)A party filing and serving an acceptance of a conditionally ordered addition or reduction of damages shall concurrently serve and submit to the court a proposed amended judgment reflecting the modified judgment amount, as well as any other uncontested judgment awards.
Plain-English Summary
This is California's statute for conditioning a new trial on damages on an additur or remittitur. When a new trial limited to damages would otherwise be proper, subdivision (a) gives the court a conditional alternative. If the problem is inadequate damages, the court can order a new trial unless the party who benefited from the low verdict consents to add whatever amount the court, in its own independent judgment, finds fair and reasonable on the evidence. If the problem is excessive damages, the court can order a new trial unless the party who won the verdict consents to reduce it by that same fair-and-reasonable measure.
Subdivision (b) sets the response clock: 30 days from the date the clerk serves the conditional order, unless the order itself sets a different deadline. Silence counts against the party who stays silent — no response is treated as a rejection, and the new trial on damages goes forward automatically.
Subdivision (c) covers what happens when a party accepts: whoever files the acceptance must also submit a proposed amended judgment reflecting the new damages figure, along with any other judgment awards nobody's contesting.
Frequently Asked Questions
What is a conditional new-trial order under § 662.5?
An order granting a new trial on damages unless the disadvantaged party accepts a court-set addition or reduction to the verdict.
How much time does a party have to respond to a conditional order?
30 days from service, unless the order specifies a different deadline.
What happens if the party doesn't respond within that time?
The order is treated as rejected, and the new trial limited to damages proceeds automatically.
What must a party do when accepting the addition or reduction?
File and serve an acceptance along with a proposed amended judgment reflecting the modified amount.
Amendment History
Amended by Stats 2011 ch 409 (AB 1403),s 2, eff. 1/1/2012.
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:additur remittitur californiaconditional new trial order damages