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1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

10

11 In re the marriage of: ) Case No.


)
12 Petitioner: _________________________ ) NOTICE OF INTENTION TO MOVE FOR A NEW
) TRIAL
13 and )
)
14 Respondent:____________________________ )
)
15 )
)
16 )
)
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1 Be sure to remove these notices and all other notices before using
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3
this document.
4 TO THE COURT, ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD:
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PLEASE TAKE NOTICE that NAME AND CAPACITY OF MOVING PARTY,
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(______) herein submits their Notice of Intention to move for a new trial in the above-entitled
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8
action.

9 PLEASE TAKE FURTHER NOTICE that the motion for a new trial shall be made on the

10 following grounds:
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1. Irregularity in the proceedings of the court, jury or adverse party, or any order of the
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court or abuse of discretion by which either party was prevented from having a fair trial.
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2. Accident or surprise, which ordinary prudence could not have guarded against.
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15 4. Newly discovered evidence, material for the party making the application, which he

16 could not, with reasonable diligence, have discovered and produced at the trial.
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5. Insufficiency of the evidence to justify the verdict or other decision, or the verdict or
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other decision is against law.
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6. Error in law, occurring at the trial and excepted to by the party making the application.
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21 PLEASE TAKE FURTHER NOTICE that the motion shall be made upon both affidavits and

22 the minutes of the court.


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Be sure to modify these paragraphs to suit your individual
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25 situation. Do NOT just use the wording here unless it definitely applies
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to your particular situation.
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28 Dated________________ _______________________________________________

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1 ANY ATTORNEY OR PARTY
2

3 Note that you MUST file and serve this notice of intent to move
4
for a new trial within 15 days of the date of mailing notice of entry of
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6 judgment by the clerk of the court, or service upon you by any party of
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written notice of entry of judgment, or within 180 days after the entry
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of judgment, whichever is earliest. You MUST also serve all adverse
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11 parties. This time period cannot be extended by any court or any


12
stipulation. See Code of Civil Procedure section 659.
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14 To purchase the entire 14 page document visit:


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16 https://legaldocspro.myshopify.com/products/sample-motion-
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for-new-trial-for-divorce-in-california
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