![]() ![]() Lawyers and judges often used the shorthand phrase “Code of Civil Procedure section 1008 motion” to refer to a motion for reconsideration that, among other things, must be brought within a tight timeframe – ten days from notice of entry of the order. Knowing when and how to attack an adverse order, both in the trial court and appellate court, is fundamental to litigation practice.ĬCP section1008 motions: Reading the fine print ) Many can only be reviewed on appeal from the final judgment. (E.g., orders denying judicial disqualification or denying a motion to quash service of a summons. ![]() Others can only be reviewed by a writ petition to the Court of Appeal. (E.g., sanctions over $5,000 and anti-SLAPP orders ). (2001) 25 Cal.4th 826, 858).Īdding to the complexity, some orders are immediately appealable. For that reason, some courts have held that orders such as those granting summary judgment are best attacked by a motion for new trial instead of a motion for reconsideration. Yet other orders are merely preliminary to entry of a judgment (e.g., an order granting summary judgment or sustaining a demurrer to an entire complaint without leave to amend). Others, however, are dispositive orders that are the functional equivalent of a judgment, in effect disposing the action (e.g., an “order” of dismissal or an order granting an anti-SLAPP motion to strike). Many orders are interlocutory and thus not dispositive of the action (e.g., discovery orders). Generally speaking, an order is a “direction” of a court or judge, made or entered in writing, and not included in a judgment. In short, trial attorneys on the losing end of a motion have many roads to keep hope alive – including, as we have seen, roads that are still being explored by recent statutory changes and evolving case law. Appellate court review of the order, which can take the form of a writ petition, an immediate direct appeal and/or an appeal from the final judgment, depending on the nature of the order and other circumstances.Statutory rights to renew certain motions which are not governed by Code of Civil Procedure section 1008 and,.Reconsideration of the order at any time on the trial court’s own motion (whether sua sponte or upon “suggestion” of a party), authorized by Code Civ.A motion to renew the original motion, pursuant to Code of Civil Procedure section 1008, subd.(b), which is not subject to the ten-day deadline.(a)).īut a motion for reconsideration is only one of an arsenal of remedies that are available to parties confronted with an adverse ruling. We are all familiar with the strict standards (and short ten-day deadline) for challenging adverse orders by motions for reconsideration. ![]()
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