(a) On the hearing of the motion, reference may be had in all cases to the pleadings and orders of the court
on file, and when the motion is made on the minutes, reference may also be had to
any depositions and documentary evidence offered at the trial and to the report of
the proceedings on the trial taken by the phonographic reporter, or to any certified
transcript of the report or if there be no such report or certified transcript, to proceedings occurring at the trial that are within the recollection of the judge; when the proceedings at the trial have
been phonographically reported, but the reporter's notes have not been transcribed,
the reporter shall, upon request of the court or either party, attend the hearing of the motion and read his or her notes, or such parts thereof as the court, or either party, may require.
(b) The hearing and determination of the motion for a new trial shall have precedence over all other matters except
criminal cases, probate matters, and cases actually on trial, and it shall be the duty of the court to determine the
motion at the earliest possible moment.
(c) Except as otherwise provided in Section 12a of this code, the power of the court to rule on a motion for a new trial shall expire
75 days after the mailing of notice of entry of judgment by the clerk of the court pursuant
to Section 664.5 or 75 days after service on the moving party by any party of written notice of entry of judgment, whichever is earlier, or if that notice has not been given, 75 days after the filing of the first notice of intention to move for a new trial. If the motion is not determined within the 75-day period, or within that period as extended, the effect shall be a denial of the motion without further order of the
court. A motion for a new trial is not determined within the meaning of this section until
an order ruling on the motion is entered in the permanent minutes of the court or signed by the judge and filed with the clerk. The entry of a new trial order in the permanent minutes of the court shall constitute
a determination of the motion even though that minute order, as entered, expressly directs that a written order be prepared, signed, and filed. The minute entry shall in all cases show the date on which the order is entered in the permanent minutes, but failure to comply with this direction shall
not impair the validity or effectiveness of the order.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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