Legal Question in Civil Litigation in California

There is no standardized form. You will have to type out on pleading paper your notice of motion, and the memorandum of points and authorities, and declaration, if any. Once you have written the motion and supporting documents, you will file it with the court and serve it upon the other party(ies). The local law library might have some books with samples that you might adapt.

The first thing that you need to file is a "Notice of Intention to Move for a New Trial." As stated by Mr. Cohen, that is done on pleading paper, and not a form.

Once you file a notice of intention to move for a new trial, the court will set a hearing date for the motion. You then file the motion, supported by a memorandum of points and authorities, and any declarations and documentary evidence you wish to rely on,

It is important that you watch the time limits carefully. A notice of intent to move for new trial must be served and filed either before the entry of judgment or within fifteen (15) days of the date of mailing notice of entry of judgment by the clerk of the court. The five day extension for service by mail does not apply to extend your time. (Code of Civ. Proc., � 659.)

Timely filing of the notice of intent to move for a new trial is jurisdictional. If your notice of intent is untimely, the court will have to deny the motion. Additionally, an untimely motion for a new trial will not extend your time to appeal.

The information you have previously been given is correct, but incomplete. The other attorneys have told you that there is no standard form for a motion for a new trial. What they fail to tell you is that it is in part because they are virtually never filed in civil cases. Why? Because they are a waste of time. They are virtually never granted, and they are never ever granted to parties representing themselves.

There is no standard form for a motion for new trial. You should contact a lawyer since this is a very complicated, time deadline driven motion.

Mr. McCormick's experience with motions for a new trial is different from my own. I am familiar with many such motions that are granted. In fact, I just recently had a motion granted. I do not understand why Mr. McCormick would flatly state that a motion, authorized by California law, is a waste of time.

Mr. Roach is correct about the procedure and timing. I would just add that there are specific grounds for a new trial, and, often, the new trial is granted as to one or more specified issues, rather than doing over the entire trial.