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California Code of Civil Procedure Section 1008

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 1008

1008.  (a) When an application for an order has been made to a
judge, or to a court, and refused in whole or in part, or granted, or
granted conditionally, or on terms, any party affected by the order
may, within 10 days after service upon the party of written notice of
entry of the order and based upon new or different facts,
circumstances, or law, make application to the same judge or court
that made the order, to reconsider the matter and modify, amend, or
revoke the prior order. The party making the application shall state
by affidavit what application was made before, when and to what
judge, what order or decisions were made, and what new or different
facts, circumstances, or law are claimed to be shown.
   (b) A party who originally made an application for an order which
was refused in whole or part, or granted conditionally or on terms,
may make a subsequent application for the same order upon new or
different facts, circumstances, or law, in which case it shall be
shown by affidavit what application was made before, when and to what
judge, what order or decisions were made, and what new or different
facts, circumstances, or law are claimed to be shown. For a failure
to comply with this subdivision, any order made on a subsequent
application may be revoked or set aside on ex parte motion.
   (c) If a court at any time determines that there has been a change
of law that warrants it to reconsider a prior order it entered, it
may do so on its own motion and enter a different order.
   (d) A violation of this section may be punished as a contempt and
with sanctions as allowed by Section 128.7. In addition, an order
made contrary to this section may be revoked by the judge or
commissioner who made it, or vacated by a judge of the court in which
the action or proceeding is pending.
   (e) This section specifies the court's jurisdiction with regard to
applications for reconsideration of its orders and renewals of
previous motions, and applies to all applications to reconsider any
order of a judge or court, or for the renewal of a previous motion,
whether the order deciding the previous matter or motion is interim
or final. No application to reconsider any order or for the renewal
of a previous motion may be considered by any judge or court unless
made according to this section.
   (f) For the purposes of this section, an alleged new or different
law shall not include a later enacted statute without a retroactive
application.
   (g) An order denying a motion for reconsideration made pursuant to
subdivision (a) is not separately appealable. However, if the order
that was the subject of a motion for reconsideration is appealable,
the denial of the motion for reconsideration is reviewable as part of
an appeal from that order.
   (h) This section applies to all applications for interim orders.




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Last modified: March 17, 2014