Skip to main content

When counting the time limit for a Motion for Reconsideration, do I count 10 days after the day it was filed and served?

San Leandro, CA |
Filed under: Litigation

The order was filed and served on August 5. So do I count 10 days starting August 6 so the deadline to file the Motion would be August 15? Or do I count starting August 5, so the deadline to file the Motion would be August 14?

Attorney Answers 2


Your motion is due on the 15th, starting counting on the 6th.

Check the requirements of CCP 1008 and make sure you can meet them --usually that means you have new law, which is very unlikely - before doing this. These motions are rarely successful and they're not appealable.

PLEASE READ THIS BEFORE YOU COMMENT, EMAIL ME OR PHONE ME. I'm only licensed in CA. This answer doesn't make me your lawyer, and neither do follow-up comments and/or emails and/or phone calls, and you shouldn't expect me to respond to your further questions if you haven't hired me. We need an actual agreement confirmed in writing before any attorney-client relationship is formed. This answer doesn't constitute legal advice, and shouldn't be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

Mark as helpful

1 found this helpful


Attorney Koslyn is correct. Due on August 15th.

Keep in mind that the burden under Code of Civil Procedure § 1008 “is comparable to that of a party seeking a new trial on the ground of newly discovered evidence: the information must be such that the moving party could not, with reasonable diligence, have discovered or produced it at the trial.” (New York Times Co. v. Superior Ct. (Wall St. Network, Ltd.) (2005) 135 Cal.App.4th 206, 212—213.) Therefore, a party seeking reconsideration of a prior order based on “new or different facts, circumstances or law” must provide a satisfactory explanation for failing to present the information at the first hearing; i.e., a showing of reasonable diligence. (Garcia v. Hejmadi (1997) 58 Cal.App.4th 674, 690.)

The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.

Mark as helpful

1 found this helpful

Litigation topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics