Does CCP 659 state that a "judgement notwithstanding verdict" and the like, only requires 16 days notice and is not extended by 5 days for service by mail? Can such motions also be heard ex parte?
No. Motions JNOV and for New Trial have very specific requirements. The notice must be filed and served within 15 days of mailing of a notice of entry of judgment. The trial court may not extend this time--it is jurisdictional. The memorandum and affidavits to support the motion have to be filed within 10 days after the filing of the notice, although the trial judge can extend the time within which to do this. The court sets the hearing date. Nothing under 659 et seq is extended by the provisions of Section 1013, which is the "plus 5 days for mailing" rule.
No. Motions JNOV and New Trial cannot be heard ex parte. Very few things may be done ex parte. Usually only extending time or advancing time, and continuing a trial.
I am licensed only in California and this response is provided as general information only. It is not intended to be legal advice. Legal advice must be based on the exact facts of the particular situation, and by necessity this forum is not appropriate for discussion of specific, exact facts. Contact a lawyer for more specific advice. My answer to your question on AVVO does not create an attorney-client relationship.
In California, two of the major post trial motions are a motion for judgment notwithstanding the verdict (JNOV) and a motion for new trial.
Because a JNOV motion and a motion for new trial are often sought concurrently, the time limit for filing a JNOV motion is synchronized with the time for filing a notice of intent to move for a new trial. A JNOV motion must be made within the period for filing a new trial notice of intent under Code of Civil Procedure Section 659.
Generally, a notice of intention to move for new trial and a motion for judgment notwithstanding the verdict (“JNOV”) must be filed and served either before entry of judgment or within 15 days of the date of mailing notice of entry of judgment. (Code Civ. Proc., §§ 629, 659.)
This time period is jurisdictional, and there is no five-day extension of time if the notice of entry is mailed. (Code Civ. Proc., §§ 629, 659.)
The supporting memorandum of points and authorities for a motion for new trial is due 10 days after the notice of intent is filed. (Code Civ. Proc., § 659a.) However, there is no similar extension of time for the memorandum of points and authorities in support of a motion for judgment notwithstanding the verdict. Accordingly, the memorandum of points and authorities in support of a JNOV motion ordinarily should be filed with the notice of motion.
Finally, you should know that JNOV motions are rarely granted. Since JNOV and new trial motions are highly complex, it is imperative that you consult with an appellate specialist immediately.
Frank W. Chen is licensed to practice law in the State of California. 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. For specific advice about your particular situation, consult your own attorney.
See Ms. Bennett's answer. It is very complete and accurate.
Any comments offered are not intended as legal advice. This attorney does not know the specifics of the particular case sufficiently to offer legal advice. You should hire a lawyer who can evaluate the details of your specific situation before offering advice.
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