California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 8 — Of the Trial and Judgment in Civil Actions, Chapter 7 — Provisions Relating to Trials in General, Article 2 — New Trials, Section 661

The motion for a new trial shall be heard and determined by the judge who presided at the trial; provided, however, that in case of the inability of such judge or if at the time noticed for hearing thereon he is absent from the county where the trial was had, the same shall be heard and determined by any other judge of the same court. Upon the expiration of the time to file counter affidavits the clerk forthwith shall call the motion to the attention of the judge who presided at the trial, or the judge acting in his place, as the case may be, and such judge thereupon shall designate the time for oral argument, if any, to be had on said motion. Five (5) days’ notice by mail shall be given of such oral argument, if any, by the clerk to the respective parties. Such motion, if heard by a judge other than the trial judge shall be argued orally or shall be submitted without oral argument, as the judge may direct, not later than ten (10) days before the expiration of the time within which the court has power to pass on the same.

Notes

Requires the trial judge to decide a new-trial motion unless unable or absent from the county, when another judge of the court may act. The clerk must alert the judge after counter-affidavit time expires and give five days’ mailed notice of oral argument; a substitute judge must hear or submit the motion at least 10 days before the decision deadline.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 661 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-8/chapter-7/article-2/section-661

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