A judgment or decree, when based upon a decision by the court, or the special verdict of a jury, may, upon motion of the party aggrieved, be set aside and vacated by the same court, and another and different judgment entered, for either of the following causes, materially affecting the substantial rights of the party and entitling the party to a different judgment: 1. Incorrect or erroneous legal basis for the decision, not consistent with or not supported by the facts; and in such case when the judgment is set aside, the statement of decision shall be amended and corrected. 2. A judgment or decree not consistent with or not supported by the special verdict.
§ 663.Setting Aside and Vacating Judgment and Another Or Different Judgment Entered
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 7. Provisions Relating to Trials in General · Article 2. New Trials · Last amended 1981 · Last verified July 28, 2026
In one sentenceSection 663 lets a party move to set aside and vacate a judgment based on a court decision or special jury verdict, and have a different judgment entered instead, when the decision rests on an incorrect legal basis unsupported by the facts or when the judgment doesn't match the special verdict.
Full Text of § 663
Plain-English Summary
This motion targets something narrower than a new trial: not a flawed process, but a mismatched result. Section 663 lets the aggrieved party ask the same court to set aside a judgment or decree — one based on the court's own decision or a jury's special verdict — and enter a different judgment instead, without redoing the trial.
Two situations qualify. The first is when the legal basis for the decision is incorrect or erroneous and doesn't match the facts found; in that case, setting aside the judgment also means amending and correcting the statement of decision itself. The second is when the judgment or decree doesn't line up with what the special verdict found.
Either way, the defect has to materially affect the moving party's substantial rights and entitle that party to a different judgment — this motion isn't a vehicle for re-arguing the facts, only for fixing a legal or arithmetic mismatch between what was decided and what was entered.
Frequently Asked Questions
What does a motion under § 663 accomplish?
It sets aside a judgment and lets a different one be entered, without a new trial.
What are the two grounds for a § 663 motion?
An incorrect legal basis unsupported by the facts, or a judgment inconsistent with the special verdict.
Does granting a § 663 motion require amending the statement of decision?
Yes, when the ground is an incorrect legal basis, the statement of decision must be amended and corrected as well.
Amendment History
Amended by Stats. 1981, Ch. 900, Sec. 5.
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: motion to vacate judgment californiaset aside judgment california