Legal Question in Business Law in California
How much time does a person have to make a motion for reconsideration in the unlimited jurisdiction of the superior court? Also, what section of law is this stated in?
1 Answer from Attorneys
The motion must be filed within 10 days after valid service of notice of entry of the challenged order. See Code of Civil Procedure section 1008(a).
If the court makes its ruling in open court and the parties waive notice, the 10-day period begins immediately. If the notice is personally served, the 10-day period begins at the time of service. If it is served by other means, the 10-day period will begin a bit later. For example, if it is served by mail from within California, the 10-day period begins five days after the notice is mailed. See Code of Civil Procedure section 1013.
Note that there are limited grounds on which a party can base a reconsideration motion. It's not enough that you disagree with the order, even if you're right and the judge was wrong.
These rules are more complicated than they might seem, so I urge you to consult with an attorney before moving for reconsideration.
Good luck.
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