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California Code of Civil Procedure Section 661

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 661

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.

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Last modified: March 17, 2014