1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

10

11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) NOTICE OF INTENTION TO MOVE FOR A NEW
) TRIAL
13 vs. )
)
14 Any Defendant, and DOES 1-5 )
)
15 Defendants. )
)
16 )
)
17

18
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19
http://www.legaldocspro.net/newsletter.htm and enter your e-mail
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21 address. Be sure to remove this notice and all other notices before
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using this document.
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24 To view sample document packages for sale by LegalDocsPro visit

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27 TO THE COURT, ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD:
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 1 PLEASE TAKE NOTICE that __________, (______) herein submits their Notice of
2 Intention to move for a new trial in the above-entitled action.
3
PLEASE TAKE FURTHER NOTICE that the motion for a new trial shall be made on the
4
following grounds:
5

6
1. Irregularity in the proceedings of the court, jury or adverse party, or any order of the

7 court or abuse of discretion by which either party was prevented from having a fair trial.

8 2. Misconduct of the jury; and whenever any one or more of the jurors have been
9
induced to assent to any general or special verdict, or to a finding on any question submitted to them
10
by the court, by a resort to the determination of chance, such misconduct may be proved by the
11
affidavit of any one of the jurors.
12

13 3. Accident or surprise, which ordinary prudence could not have guarded against.

14 4. Newly discovered evidence, material for the party making the application, which he
15
could not, with reasonable diligence, have discovered and produced at the trial.
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5. Excessive or inadequate damages.
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6. Insufficiency of the evidence to justify the verdict or other decision, or the verdict or
18

19 other decision is against law.

20 7. Error in law, occurring at the trial and excepted to by the party making the application.
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PLEASE TAKE FURTHER NOTICE that the motion shall be made upon both affidavits and
22
the minutes of the court.
23

24 Be sure to modify these paragraphs to suit your individual

25
situation. Do NOT just use the wording here unless it definitely applies
26

27 to your particular situation.

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 1 Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
2

3
Note that you MUST file and serve this notice of intent to move
4

5 for a new trial within 15 days of the date of mailing notice of entry of
6

7
judgment by the clerk of the court, or service upon you by any party of
8
written notice of entry of judgment, or within 180 days after the entry
9

10 of judgment, whichever is earliest. You MUST also serve all adverse

11
parties. This time period cannot be extended by any court or any
12

13 stipulation. See Code of Civil Procedure section 659.

14

15
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16
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18 trial-in-california
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