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socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 39017
Experience:  Retired (mostly)
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Filed an Intention to Move for New Trial in Family Court of

Customer Question

Filed an Intention to Move for New Trial in Family Court of Ca. Does anyone know of Cases supporting move for a new trial under CCP 656-662.5 or move to vacate CCP 663? I realize a motion for reconsideration is has a high standard for new evidence, which I do have. Also, do I need to file Motion to vacate and motion for reconsider separate, or can I file supporting documents for each together? I am Pro per.
Submitted: 8 years ago.
Category: Family Law
Expert:  socrateaser replied 8 years ago.

I have about 50 pages worth of information on this subject. The point being that it is too much for me to post and I would be violating the Copyright Act in doing so. Moreover, I would be doing you a disservice by trying to give you a narrow answer, because you may find that your approach is wrong, once you study the appropriate materials.


I suggest that you visit your county law library and read CEB Publications, Practice under the Family Code (2009), Chapter 18: "Attack on Judgment in the Trial Court."


You can also purchase the above practice guide online here (but it ain't cheap). Here is an exerpt from Chapter 18 on moving for a new trial:


When a party believes that his or her substantial rights have been materially affected at trial, for causes defined in CCP §§657-657.1, a new trial may be requested. Code of Civil Procedure §656 defines a new trial as "a re-examination of an issue of fact in the same court after a trial and decision." It is now well settled that issues of law, as well as fact, may be the subject of a motion for new trial. See CCP §657; Marriage of Beilock (1978) 81 CA3d 713, 720, 146 CR 675. The request for a new trial must be brought before the same judge who presided at the original trial, unless he or she is unable to hear the matter. Strict time requirements apply to all filings in the motion for new trial procedure; if the requirements are not met, the right to request a new trial is lost.






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Customer: replied 8 years ago.
I understand the requirements for each. Motion for Reconsideration, motion to vacate, motion for new trial. Can I file them together, with the same supporting paperwork?, or do I need to file separate? I understand the reconsideration needs new evidence, which could have been reasonable available before.
Expert:  socrateaser replied 8 years ago.

The motions are separate, but you can use the same paperwork. I would't try to do all three at the same hearing. The denial of one may make another motion frivolous.