Rule 3.1600. Notice of intention to move for new trial
Cal. Rules of Court, rule 3.1600
Current text effective January 1, 2007.
#(a) Time for service of memorandum
Within 10 days after filing notice of intention to move for a new trial in a civil case, the moving party must serve and file a memorandum in support of the motion, and within 10 days thereafter any adverse party may serve and file a memorandum in reply.
(Subd (a) amended and lettered effective January 1, 2007; adopted as part of untitled subd effective January 1, 1949.)
#(b) Effect of failure to serve memorandum
If the moving party fails to serve and file a memorandum within the time prescribed in (a), the court may deny the motion for a new trial without a hearing on the merits.
(Subd (b) amended and lettered effective January 1, 2007; adopted as part of untitled subd effective January 1, 1949.)
#History
Rule 3.1600 amended and renumbered effective January 1, 2007; adopted as rule 203 effective January 1, 1949; previously amended effective April 1, 1962, January 1, 1971, January 1, 1984, and January 1, 1987; previously amended and renumbered as rule 236.5 effective January 1, 2003.
What this rule requires
Filing Timing and Cure Windows
If the moving party fails to serve and file a memorandum within the time prescribed in (a), the court may deny the motion for a new trial without a hearing on the merits.
Service and Proof of Service Rules
Within 10 days after filing notice of intention to move for a new trial in a civil case, the moving party must serve and file a memorandum in support of the motion, and within 10 days thereafter any adverse party may serve and file a memorandum in reply.
Pre-Motion Conference Requirements
Within 10 days after filing notice of intention to move for a new trial in a civil case, the moving party must serve and file a memorandum in support of the motion, and within 10 days thereafter any adverse party may serve and file a memorandum in reply.
Official text: courts.ca.gov , checked October 19, 2026.