A motion for reconsideration in California, governed by Code of Civil Procedure Section 1008, asks the same judge to revisit a ruling based on new or different facts, circumstances, or law. You have 10 days from service of written notice of entry of the order to file, and your supporting declaration must show both what has changed and why it couldn’t have been presented the first time.1California Code of Civil Procedure Section 1008
Reconsideration is not a redo. Judges deny motions that simply repackage arguments already made, and they can sanction attorneys who file them. The rule is narrow by design: it lets the court correct a ruling when something genuinely new surfaces, and nothing more.
What Counts as New Facts, Circumstances, or Law
Section 1008(a) requires a showing of “new or different facts, circumstances, or law” that the court didn’t consider when it ruled. In practice, that means one of three things has happened since the hearing: evidence surfaced that reasonable diligence couldn’t have uncovered earlier, the factual situation has materially changed, or a new statute or appellate decision has shifted the governing law. A declaration from a previously unavailable witness, a newly published opinion on point, or a change in the opposing party’s circumstances can all qualify.
The explanation for the delay matters as much as the new information itself. Your declaration has to lay out what you knew before, what has changed, and why the material couldn’t have been produced earlier. Courts draw a sharp line between genuinely new evidence and material a party forgot or chose not to raise. If a judge suspects you held something back for a second bite, the motion fails.
The new information also has to be material. It has to be the kind of fact or authority that could realistically change the court’s decision, not another data point on the same side of a scale the court already weighed.
The 10-Day Deadline
The 10-day clock runs from the date you are served with written notice of entry of the order, not from the hearing date and not from when the order was signed. Section 1008(e) frames the statute as defining the court’s “jurisdiction” over reconsideration applications, which means a late motion may be treated as something the judge simply has no power to hear, no matter how strong the new evidence.2California Code of Civil Procedure Section 1008(e)
Ten calendar days is tight. From the moment notice arrives, you need to evaluate whether genuinely new facts or law exist, gather the supporting evidence, draft the declaration, prepare the motion papers, and build in time to serve every other party properly.
What the Motion Must Contain
A procedurally defective motion can be denied before the judge reaches the substance. Five requirements do most of the work.
A Detailed Supporting Declaration
Your motion must include a sworn affidavit or declaration stating what application was originally made, when it was made and before which judge, what the court decided, and what new facts, circumstances, or law you are now presenting. This isn’t boilerplate. The declaration carries your entire argument and has to be specific enough to show the court exactly how the new information changes the analysis.
Back to the Same Judge
The motion is filed in the same court and goes to the same judge who made the original order. Section 1008(a) expects the judge who weighed the evidence the first time to decide whether something new warrants a different result. If that judge is unavailable because of reassignment, retirement, or other reasons, a successor judge can hear the motion, but the filing stays in the same court.
Memorandum of Points and Authorities
California Rule of Court 3.1113 requires a supporting memorandum. The opening memorandum is capped at 15 pages and any reply at 10 pages, excluding the caption, exhibits, declarations, and proof of service.3California Rule of Court 3.1113 If you need more room, you must apply to the court for permission at least 24 hours before the memorandum is due.
Service on Every Other Party
Notice of the motion must be served on all other parties under California’s standard service rules, with the supporting memorandum and declarations attached to the extent practicable. Opposing parties get a fair opportunity to respond before the court rules.
Filing Fee
A motion for reconsideration carries the standard civil motion filing fee. As of 2026, that fee is $60 for a motion or other paper requiring a hearing under Government Code Section 70617(a).4California Government Code Section 70617(a)
If You Miss the 10 Days: The Renewal Application
Section 1008(b) provides a separate path when the original motion was denied in whole or in part. A renewal application has no time limit, and it can go to the original judge or a different one. You still need new or different facts, circumstances, or law, and you still need an affidavit explaining what was previously requested, what the court decided, and what has changed.5California Code of Civil Procedure Section 1008(b)
If those requirements aren’t met, any order the court grants on the renewal can be revoked on an opposing party’s ex parte motion. The renewal is the longer-term option for when circumstances genuinely shift months after an unfavorable ruling. The 10-day reconsideration motion is the right tool when new information surfaces right away.
Effect on the Appeal Deadline
A valid reconsideration motion under Section 1008(a) extends the time to appeal the underlying order. California Rule of Court 8.108(e) stretches the appeal deadline for all parties until the earliest of three dates: 30 days after the clerk or a party serves the order denying the reconsideration motion or notice of entry of that order, 90 days after the reconsideration motion was filed, or 180 days after entry of the original appealable order.6California Rule of Court 8.108(e)
“Valid” means procedurally compliant. The motion doesn’t have to win on the merits to trigger the extension; it just has to meet Section 1008(a)’s procedural requirements. So a properly constructed reconsideration motion can buy additional time if you’re also considering an appeal. Track all three deadline triggers independently, and file your notice of appeal before the earliest one runs if reconsideration is denied or still pending.
Sanctions for Recycled Arguments
Section 1008(d) states that violating the statute can be punished as contempt of court and with sanctions under Section 128.7.7California Code of Civil Procedure Section 1008(d) A motion that doesn’t actually present new facts or law, or that reargues the original hearing in different words, carries real financial exposure.
Section 128.5 separately allows a court to order a party or attorney to pay the opposing side’s reasonable expenses, including attorney’s fees, when a motion was filed in bad faith or is “totally and completely without merit.”8California Code of Civil Procedure Section 128.5 Section 128.7 adds that by signing and filing a court document, an attorney certifies it isn’t presented for an improper purpose and that its legal contentions are warranted. A reconsideration motion the attorney knows lacks any new evidence violates that certification.
If you don’t have genuinely new facts, circumstances, or law, don’t file the motion. Preserve your rights through an appeal instead.
Reconsideration Is Not Clarification
If the court’s order is ambiguous and you need the judge to explain what it requires, the right tool is a motion for clarification, not reconsideration. Clarification doesn’t require new evidence and isn’t bound by the 10-day deadline. Reconsideration asks the court to change its decision. Clarification asks the court to explain it.
The label matters. A motion styled as “clarification” that actually seeks a different outcome can be treated as an improper reconsideration motion that failed to comply with Section 1008. If you want the ruling changed, file under Section 1008 and meet every one of its requirements.