Motion for Reconsideration in California: What CCP 1008 Requires

Last updated: November 2026. Reviewed by Pavel Kolmogorov, California business litigation attorney (State Bar No. 321018).

A motion for reconsideration under Code of Civil Procedure section 1008 asks the same California judge who decided a motion to modify, amend, or revoke that order. A party may file one within 10 days after service of written notice of entry of the order. It must rest on new or different facts, circumstances, or law, and a fact already in the papers is hard to call new. Kolmogorov Law, P.C., a business litigation firm in Irvine, advises companies on whether to seek reconsideration, renew a motion, or appeal.

Call (909) 235-6116 or contact us online to discuss a ruling you want revisited, before the 10 days run.

What CCP 1008 allows

The section applies when a court has refused an application for an order, in whole or in part, or has granted it outright, conditionally, or on terms. Any party affected by the order may ask the same judge or court to reconsider the matter. The request is due within 10 days after service on that party of written notice of entry of the order. Service of that notice by mail generally adds time, and so does electronic service until January 1, 2027. (Code Civ. Proc., §§ 1010.6, subd. (a)(3)(B), 1013, subd. (a); Stats. 2026, ch. 263.) The request must be based on new or different facts, circumstances, or law.

An affidavit is required. It must state what application was made before, when and to what judge, what order was made, and what new or different facts, circumstances, or law are claimed. (Code Civ. Proc., § 1008, subd. (a).) The section covers interim and final orders alike. (Code Civ. Proc., § 1008, subds. (e), (h).) Our court date calculator guide helps with the count.

What counts as new or different

The statute names three categories and writes in one limit. A later enacted statute is not new law unless it applies retroactively. (Code Civ. Proc., § 1008, subd. (f).)

Courts have added a second requirement by interpretation. The California Supreme Court has noted that section 1008 is construed to require diligence, with a satisfactory explanation for not presenting the new information earlier. (Even Zohar Construction & Remodeling, Inc. v. Bellaire Townhouses, LLC (2015) 61 Cal.4th 830.)

That is the difficulty when a party believes the judge missed something. If the fact was in the declarations the first time, it is not new or different, and a motion that only reargues the papers is unlikely to satisfy the statute. Evidence that existed but was not submitted needs an explanation for the omission. The better fits are a deposition taken after the hearing, a document the other side produced late, or an appellate decision issued after the ruling.

Renewing your own motion later

Subdivision (b) covers a different move. A party whose application was refused, or granted only conditionally or on terms, may apply again for the same order on new or different facts, circumstances, or law. The same kind of affidavit is required, and subdivision (b) states no 10-day limit. An order obtained on a renewed application that did not comply may be revoked or set aside on an ex parte motion. (Code Civ. Proc., § 1008, subd. (b).)

A renewed motion fits when discovery after the first ruling turns up evidence that was not available before. It does not excuse a weak first effort. In Even Zohar, the Supreme Court applied subdivision (b) to a second application for relief from default and held that the noncompliant renewal had to be rejected. Our page on relief under section 473 covers that motion.

Why the section is called jurisdictional

Section 1008 says it specifies the court's jurisdiction over applications to reconsider and renewals of previous motions. No such application may be considered by any judge or court unless it is made according to the section. (Code Civ. Proc., § 1008, subd. (e).)

A violation may be punished as a contempt and with sanctions as allowed by section 128.7, and an order made contrary to the section may be revoked. (Code Civ. Proc., § 1008, subd. (d).) Our page on section 128.7 sanctions explains that exposure.

The court's own power to correct a ruling

If a court at any time determines that a change of law warrants reconsideration of a prior order, it may reconsider on its own motion and enter a different order. (Code Civ. Proc., § 1008, subd. (c).)

Section 1008 limits the parties' ability to file repetitive motions. It does not limit the court's ability, on its own motion, to reconsider its prior interim orders so it may correct its own errors. A court seriously considering that step should inform the parties, solicit briefing, and hold a hearing. A party may suggest that the court reconsider, for instance at a status conference, but the court need not rule on the suggestion. A party may not file a written motion to reconsider that does not meet the statute. (Le Francois v. Goel (2005) 35 Cal.4th 1094.)

So where a fact plainly in the record was overlooked, the realistic request is a suggestion, never made ex parte, that the court take a second look on its own motion.

Reconsideration and appeal

An order denying a motion for reconsideration is not separately appealable. If the underlying order is appealable, the denial is reviewable as part of an appeal from that order. (Code Civ. Proc., § 1008, subd. (g).) A valid motion to reconsider an appealable order extends the time to appeal, but only until the earliest of three dates. They are 30 days after service of the order denying the motion, 90 days after the first motion to reconsider was filed, and 180 days after entry of the appealable order. (Cal. Rules of Court, rule 8.108(e).) A motion that fails section 1008's procedural requirements, such as one filed without the required affidavit, extends nothing. Writ deadlines are separate.

Section 1008 is about orders. A final judgment is attacked through the post-trial motions and the appeal described on our page about appealing a civil judgment.

If you won the motion

The winner can start the clock, because the 10 days run from service of written notice of entry of the order. Serve that notice promptly and keep the proof of service. If a motion for reconsideration arrives, test it in this order. Was it filed within 10 days of service, plus any extension for the method of service? Does the affidavit identify anything new? Was the supposedly new evidence available before the hearing? Only then reach the merits.

What to bring to the first meeting

Bring the motion papers from both sides, the tentative and final rulings, and the notice of entry of the order with its proof of service. Add the new evidence or authority you want the court to consider, with a note of when and how you obtained each item.

Frequently asked questions

The judge ruled against us on a motion and missed a key fact. Can we ask the court to reconsider?

You can ask, but a formal motion under California Code of Civil Procedure section 1008 must rest on new or different facts, circumstances, or law. It is due within 10 days after service of written notice of entry of the order. A fact already in the papers is not new. The workable request is then a suggestion that the judge reconsider on the court's own motion.

What is the deadline for a motion for reconsideration in California?

Ten days. Code of Civil Procedure section 1008, subdivision (a), requires the application within 10 days after service on the moving party of written notice of entry of the order. The period runs from service of that notice, not from the hearing. Service by mail generally adds time under section 1013. Electronic service adds two court days, but only until January 1, 2027. Because the statute describes itself as jurisdictional, a California court may not consider a party's late motion.

What counts as new or different facts under CCP 1008?

The California statute names facts, circumstances, and law, and excludes a later statute that is not retroactive. Courts have also required the moving party to show diligence and to explain why the information was not presented at the original hearing. Evidence that arose after the ruling, or a decision issued after it, fits most easily. Rearguing the same record does not.

We found new evidence three months after our motion was denied. Is there any way to bring the motion again?

Possibly. Section 1008, subdivision (b), of the California Code of Civil Procedure lets the party who made the original motion apply again for the same order on new or different facts, circumstances, or law. That subdivision contains no 10-day limit. The application needs an affidavit describing the earlier motion and the new matter, and an explanation of why the evidence was not available sooner.

Can I appeal the denial of a motion for reconsideration?

Not by itself. Under California Code of Civil Procedure section 1008, subdivision (g), an order denying reconsideration is not separately appealable. If the order that was the subject of the motion is appealable, the denial can be reviewed in an appeal from that order. Calendar appeal and writ deadlines from the underlying order, without relying on the pending motion.

Talk to a California business litigation attorney about a ruling

If a ruling went against your company and you are weighing reconsideration, a renewed motion, or an appeal, call (909) 235-6116 or contact us online. Kolmogorov Law, P.C. is located in Irvine, California. Related reading: our civil litigation practice and our overview of pleadings and motions.

This page provides general information about California law and is not legal advice. Outcomes depend on the order, the facts, and the court.