C.C.P. 1008 and Motions for Reconsideration
Timing and Grounds
The timing rules and form of making motions for reconsideration are critical
to success with them, as courts don’t want to relitigate every decision
that makes some one party unhappy. We have written extensively about reconsideration
motions in our blog.
CALIFORNIA CODE OF CIVIL PROCEDURE
MOTIONS AND ORDERS FOR RECONSIDERATION
C.C.P. Section 1008
(a) When an application for an order has been made to a judge, or to a
court, and refused in whole or in part, or granted, or granted conditionally,
or on terms, any party affected by the order may, within 10 days after
service upon the party of written notice of entry of the order and based
upon new or different facts, circumstances, or law, make application to
the same judge or court that made the order, to reconsider the matter
and modify, amend, or revoke the prior order. The party making the application
shall state by affidavit what application was made before, when and to
what judge, what order or decisions were made, and what new or different
facts, circumstances, or law are claimed to be shown.
(b) A party who originally made an application for an order which was refused
in whole or part, or granted conditionally or on terms, may make a subsequent
application for the same order upon new or different facts, circumstances,
or law, in which case it shall be shown by affidavit what application
was made before, when and to what judge, what order or decisions were
made, and what new or different facts, circumstances, or law are claimed
to be shown. For a failure to comply with this subdivision, any order
made on a subsequent application may be revoked or set aside on ex parte motion
(c) If a court at any time determines that there has been a change of law
that warrants it to reconsider a prior order it entered, it may do so
on its own motion and enter a different order.
(d) A violation of this section may be punished as a contempt and with
sanctions as allowed by Section 128.7. In addition, an order made contrary
to this section may be revoked by the judge or commissioner who made it,
or vacated by a judge of the court in which the action or proceeding is pending.
(e) This section specifies the court's jurisdiction with regard to
applications for reconsideration of its orders and renewals of previous
motions, and applies to all applications to reconsider any order of a
judge or court, or for the renewal of a previous motion, whether the order
deciding the previous matter or motion is interim or final. No application
to reconsider any order or for the renewal of a previous motion may be
considered by any judge or court unless made according to this section.
(f) For the purposes of this section, an alleged new or different law shall
not include a later enacted statute without a retroactive application.
(g) An order denying a motion for reconsideration made pursuant to subdivision
(a) is not separately appealable. However, if the order that was the subject
of a motion for reconsideration is appealable, the denial of the motion
for reconsideration is reviewable as part of an appeal from that order.
(h) This section applies to all applications for interim orders.