§ 659a.Time For Serving Affidavits After Filing Notice; Counter-Affidavits

Title 8. Of the Trial and Judgment In Civil Actions · Chapter 7. Provisions Relating to Trials in General · Article 2. New Trials · Last amended 2015 · Last verified July 28, 2026

In one sentenceSection 659a sets the briefing schedule after a notice of intention to move for a new trial is filed — 10 days for the moving party's opening brief and affidavits, 10 more for the opposing brief and counter-affidavits, and 5 more for any reply — extendable by a judge up to 10 additional days for good cause.

Full Text of § 659a

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Within 10 days of filing the notice, the moving party shall serve upon all other parties and file any brief and accompanying documents, including affidavits in support of the motion. The other parties shall have 10 days after that service within which to serve upon the moving party and file any opposing briefs and accompanying documents, including counter-affidavits. The moving party shall have five days after that service to file any reply brief and accompanying documents. These deadlines may, for good cause shown by affidavit or by written stipulation of the parties, be extended by any judge for an additional period not to exceed 10 days.

End

Plain-English Summary

Once the notice of intention is on file, § 659a sets a tight, sequential schedule for the paperwork behind it. The moving party has 10 days to serve and file any brief and supporting documents, including affidavits. The other parties then get 10 days after that service to serve and file opposing briefs and counter-affidavits. The moving party gets a final 5 days to file a reply.

None of that is fixed forever. Any judge can extend these deadlines, for good cause shown by affidavit or by written stipulation of the parties, but only by up to 10 additional days.

Frequently Asked Questions

How long does the moving party have to file supporting affidavits after the notice of intention?

10 days.

How long do opposing parties get to respond?

10 days after that service.

How long does the moving party get to file a reply?

5 days after the opposing brief is served.

Can these deadlines be extended?

Yes, up to 10 additional days for good cause, shown by affidavit or written stipulation of the parties.

Amendment History

Amended by Stats 2014 ch 93 (AB 1659),s 2, eff. 1/1/2015.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

Also known as: new trial briefing schedule californiacounter-affidavits new trial california