Code Civ. Proc., § 663.1 · Article 2. New Trials
Code Civ. Proc., § 663.1
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
The court may grant a new trial of any action or proceeding when all of the following conditions exist:
(a) Any proposed bill of exceptions or statement of the case on motion for a new trial is lost or destroyed by reason of conflagration or other public calamity.
(b) No other record of the proceedings upon the trial thereof can be obtained.
(c) Such action or proceeding is subject to review by motion for new trial pending at the time of such loss or destruction.
(d) The court in which such action or proceeding is pending deems it impossible or impracticable to restore such proceedings and to settle a bill of exceptions or statement of the case containing such proceedings, so as to enable the court to review the judgment or order therein by motion for new trial.
(e) At the time of such loss or destruction a motion for new trial was pending.
In order to grant such new trial, it shall be unnecessary to have any bill of exceptions or statement of the case settled, but upon the facts recited in this section being shown to the satisfaction of the court by affidavit or otherwise, the court may grant such new trial.
Notes and commentary — not statutory text
History
Added by Stats. 1953, Ch. 52.
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=663.1.
- Text hash
- sha256 dca5b0d2d052c609ef9e2efdeaf32d359a890f198fb46f3441ff38500c053eaa
- 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 1 provision
Provisions in this library whose text cites Code Civ. Proc., § 663.1. Each shows the citation as that text prints it.
Code of Civil Procedure
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.