Pending the hearing of a motion pursuant to Section 663.1 to grant a new trial, the time within which a bill of exceptions may be prepared, served, or presented for settlement shall be extended and shall not commence to run until the decision upon the motion. The motion must be made within 30 days after the loss or destruction of the records.
§ 663.2.Extension of Time For Preparing, Serving and Presenting Bill of Exceptions
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 7. Provisions Relating to Trials in General · Article 2. New Trials · Enacted 1953 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 663.2 tolls the deadline for preparing, serving, or presenting a bill of exceptions while a § 663.1 motion is pending, and requires that motion to be filed within 30 days after the records were lost or destroyed.
Full Text of § 663.2
Plain-English Summary
This section keeps the clock from running out while a § 663.1 motion works its way through the court. Once records are lost or destroyed and a motion under that section is pending, the time to prepare, serve, or present a bill of exceptions for settlement stops running entirely, and doesn't start again until the court decides the motion.
That relief comes with its own deadline, though: the § 663.1 motion itself has to be filed within 30 days after the loss or destruction occurred.
Frequently Asked Questions
Does the bill-of-exceptions deadline keep running while a § 663.1 motion is pending?
No, it's tolled and doesn't resume until the motion is decided.
What's the deadline to file a motion under § 663.1?
Within 30 days after the records were lost or destroyed.
Amendment History
Added by Stats. 1953, Ch. 52.
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: bill of exceptions deadline extension california