- #CALIFORNIA COURT FILED DOCUMENTS DEEMED KNOWN CODE#
- #CALIFORNIA COURT FILED DOCUMENTS DEEMED KNOWN TRIAL#
1988) (mailing conformed copy of judgment, even without customary affidavit-format "proof of service," satisfied post-trial motions' "written notice" requirement) Tri-County Elevator Co. Until 1997, the case law indicated that a separate "Notice of Entry of Judgment" was not required to be served or filed with a formal proof of service to trigger the post-trial deadlines.
For instance, must a party receive a separately served and filed document titled "Notice of Entry of Judgment" to trigger these deadlines? Or does actual notice of the judgment - perhaps by fax or personal delivery, with or without any proof of service - qualify as adequate written notice? Must parties also comply with the formalities imposed on court clerks for giving notice? Significantly, these statutes impose on the clerk the requirements of Section 664.5, involving the service and filing of a document titled "Notice of Entry of Judgment," along with a proof of service.ĭespite the seeming clarity of this statutory language, questions arose. This notice by the court clerk or a party also triggers a 60-day deadline for the court to rule on the motions.
#CALIFORNIA COURT FILED DOCUMENTS DEEMED KNOWN CODE#
pursuant to Section 664.5" or service by any party of "written notice of entry of judgment." Code of Civil Procedure Section 629, 659. Under the judgment-notwithstanding-the-verdict and new-trial statutes, such motions typically must be filed within 15 days from either "mailing notice of entry of judgment by the clerk. The natural starting point for determining what triggers the statutory filing deadline is the language of the relevant statutes. The party need not serve a separate document titled "Notice of Entry of Judgment." Palmer holds that a party may satisfy the statutory "written notice of entry of judgment" requirement by serving a copy of the file-stamped judgment. GTE California Inc., 30 Cal.4th 1265 (June 26, 2003), clarifies what constitutes written notice. Until June, the cases were unclear, however, on what qualifies as valid written notice.Ī recent Supreme Court decision, Palmer v.
#CALIFORNIA COURT FILED DOCUMENTS DEEMED KNOWN TRIAL#
The time within which to file a notice of intention to file a motion for new trial or a motion for judgment notwithstanding the verdict usually begins to run on the service of written notice of entry of the judgment. The party must file the motion, and the judge must rule, within strict statutory deadlines.īecause a scheduling error may cause the loss of the right to consideration of the motions and to a subsequent appeal involving issues raised in the motions, understanding what triggers the commencement of the relevant statutory periods is essential. Properly calendaring judgment-notwithstanding-the-verdict and new-trial motions is especially important because timing traps for the unwary exist at both ends of the process.
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