Motion for Reconsideration in California Superior Court–At A Glance

Use this “At A Glance Guide” to learn the California statewide rules of civil procedure (California Code of Civil Procedure) applicable to a motion for reconsideration.  For a more detailed treatment, including local rules, please see the California Superior Court SmartRules Guides:  Motion for Reconsideration, Opposition to Motion for Reconsideration and Reply in Support of Motion for Reconsideration.

Deadline:

A motion for reconsideration must be made within ten (10) days after service of the notice of entry of the order or ruling to be reconsidered. CCP § 1008(a).

Motion for Reconsideration Rules: 

A motion for reconsideration must be made to the same judge who made the original order. CCP § 1008(a).

A motion for reconsideration must be based on new or different facts, circumstances or law. CCP § 1008(a).

A motion for reconsideration must be accompanied by a declaration describing the previous application, identifying the judge to whom the application was made, what orders or decisions were made on the previous application, and what new or different facts, circumstances or law are claimed to exist. CCP § 1008(a).

The authorities cited in this At A Glance Guide are current as of the publication date. For authorities updated in real time, please see the SmartRules Guide for the litigation document you are drafting.

1 thought on “Motion for Reconsideration in California Superior Court–At A Glance”

  1. I would like to know if, in California, there is a specific form that is filed for a Motion for Reconsideration or is it just typed on a blank form and titled ‘Motion for Reconsideration’ with the court case number? I have not been able to find a form to date.

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