Legal Question in Civil Litigation in California

Time limit for Trial Verdict by Judge in Non-Jury Trial

I had a non-jury civil trial almost two months ago, and am waiting for the decision or verdict by the judge. I thought he said he had 60 days to render a decision, but the clerk said she thought he had 90 days. Which is it? And if the judge fails to meet the deadline is there any recourse? Also, where is the time limit specified? I couldn't find it in rules of court or Code of Civil procedure, but may just have been unable to locate it/

Thanks!!


Asked on 8/08/03, 8:27 pm

1 Answer from Attorneys

Dieter Zacher Law Offices of Dieter Zacher

Re: Time limit for Trial Verdict by Judge in Non-Jury Trial

Great question: Never ran into this before. I did alot of research for you. This is the only thing I could find.

Cal.Rules of Court, Rule 232

Rule 232. Announcement of tentative decision, statement of decision and judgment

(e) [Preparation and filing of written judgment when statement of decision not requested] If a statement of decision is not requested or has been waived and a written judgment is required, the court shall prepare and mail a proposed judgment to all parties who appeared at the trial within 10 days after expiration of the time for requesting a statement of decision or time of waiver. The court may notify a party to prepare, serve and submit the proposed judgment to the court within 10 days. Any party affected by the judgment may, within 10 days after service of the proposed judgment, serve and file objections thereto.

The court shall, within 10 days after expiration of the time for filing objections to the proposed judgment or, if a hearing is held, within 10 days after the hearing, sign and file its judgment. The judgment so filed shall constitute the decision upon which judgment shall be entered pursuant to section 664 of the Code of Civil Procedure....

(h) This rule does not apply if the trial was completed within one day.

Good luck and thanks for inquiring.

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Answered on 8/09/03, 1:50 am


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