Code Civ. Proc., § 663 · Article 2. New Trials
Code Civ. Proc., § 663
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
A judgment or decree, when based upon a decision by the court, or the special verdict of a jury, may, upon motion of the party aggrieved, be set aside and vacated by the same court, and another and different judgment entered, for either of the following causes, materially affecting the substantial rights of the party and entitling the party to a different judgment:
1. Incorrect or erroneous legal basis for the decision, not consistent with or not supported by the facts; and in such case when the judgment is set aside, the statement of decision shall be amended and corrected.
2. A judgment or decree not consistent with or not supported by the special verdict.
Notes and commentary — not statutory text
History
Amended by Stats. 1981, Ch. 900, Sec. 5.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=663.
- Text hash
- sha256 6a0d4b73921ffc8db31763526ce788ec12381153b19e73fa8003d9674ed86d81
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Cited by 9 provisions
Provisions in this library whose text cites Code Civ. Proc., § 663. Each shows the citation as that text prints it.
Code of Civil Procedure
California Rules of Court
- Cal. Rules of Court, rule 2.306Service of papers by fax transmissionPrinted as Code of Civil Procedure section 663
- Cal. Rules of Court, rule 3.1602Hearing of motion to vacate judgmentPrinted as Code of Civil Procedure section 663
- Cal. Rules of Court, rule 3.2231Postjudgment motionsPrinted as Code of Civil Procedure sections 659 and 663
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.