When Is a JNOV Motion Due in California?

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15 calendar days from the first service of notice of entry of judgment, by the clerk under § 664.5 or by any party, and never later than 180 days after entry of judgment. CCP §§ 629, 659

What catches people out: It borrows the new trial deadline rather than having one of its own, which means the same 15 days and the same absence of any service extension.

Calculate this deadline

A motion for judgment notwithstanding the verdict has no independent period. Section 629 ties it to the time for moving for a new trial: 15 days after the first service of notice of entry of judgment, by the clerk or by a party, and never later than 180 days after entry of judgment.

As with the new trial motion, the section 1013 extensions do not apply and the court cannot extend the period. Both motions sit in the small category of California deadlines where the arithmetic is simple and the consequence of getting it wrong is total.

The two motions are routinely filed together, and the standards differ in a way that matters to the drafting. A new trial motion asks for another trial; a JNOV asks the court to enter the opposite judgment on the evidence already presented, which requires that there be no substantial evidence supporting the verdict. Filing both preserves both arguments, and the deadline is the same day either way.

A JNOV motion also extends the time to appeal from the judgment under rule 8.108(d), on the same shape as the new trial extension: until the earliest of 30 days after service of the order denying it, 30 days after denial by operation of law, or 180 days after entry of judgment.

What the statute does not say on its face

A motion for judgment notwithstanding the verdict "shall be made within the period specified by Section 659 for the filing and service of a notice of intention to move for a new trial." (Code Civ. Proc., § 629(b).) That is 15 days after the first service of notice of entry of judgment, by the clerk under § 664.5 or by any party, or 180 days after entry of judgment, whichever is earliest (§ 659(a)(2)). The 180 days is a deadline of its own, not a starting point for another 15 days, and § 659(b)'s bar on extension by order, stipulation, or § 1013 applies with it.
Section 659(a)(2) also gives each other party 15 days after service of the first notice of intention to move for a new trial to file its own notice of intention. The calculator does not rely on that proviso for a JNOV motion and gives the earlier date.
"The moving, opposing, and reply briefs and any accompanying documents shall be filed and served within the periods specified by Section 659a, and the hearing on the motion shall be set in the same manner as the hearing on a motion for new trial under Section 660." (Code Civ. Proc., § 629(b).) The court's power to rule expires no later than its power to rule on a new trial motion, after which the motion is denied by operation of law.
Briefing does not run on § 1005(b). "Within 10 days of filing the notice, the moving party shall serve upon all other parties and file any brief and accompanying documents, including affidavits in support of the motion. The other parties shall have 10 days after that service within which to serve upon the moving party and file any opposing briefs and accompanying documents, including counter-affidavits. The moving party shall have five days after that service to file any reply brief and accompanying documents." (Code Civ. Proc., § 659a.) Those periods "may, for good cause shown by affidavit or by written stipulation of the parties, be extended by any judge for an additional period not to exceed 10 days." (Ibid.) On a JNOV motion the "notice" is the notice of motion, and § 629(b) applies the same periods. Once the time to file counter-affidavits expires, the clerk calls the motion to the trial judge, who designates the time for any oral argument on five days' notice by mail. (Code Civ. Proc., § 661.)
Service extensions on the § 659a opposition and reply: § 1013(a) extends "any right or duty to do any act or make any response within any period . . . after service of the document" when the document is served by mail, and its only new-trial carve-out is the notice of intention itself. On that text the extension reaches the opposition and reply periods, and § 1010.6 does the same for electronic service made through December 31, 2026. No case so holds. This calculator applies it, keyed to how the brief (and then the opposition) is served. Electronic service made on or after January 1, 2027 adds nothing, because AB 540 (Stats. 2026, ch. 263) takes the extension out of § 1010.6. The 10 days to serve the moving brief run from filing the notice, not from service, so nothing extends them.
Typically filed together with a new trial motion.

Then the briefing clock starts

Filing on time is half of it. Briefing on this motion does not run on § 1005(b), and nothing counts back from the hearing. Under CCP § 659a, the moving party serves and files its brief within 10 days of filing the notice of motion, the other parties have 10 days after that service to oppose, and the moving party has 5 days after that service to reply. Section 629(b) applies those same periods to this motion. Once the opposition time runs, the clerk calls the motion to the trial judge, who sets any oral argument on five days' notice (§ 661). Under CCP § 660(c) the court's power to rule ends 75 days after the earlier of the clerk's mailing or a party's service of notice of entry of judgment, or, if no notice was given, 75 days after the first notice of intention is filed. After that the motion is denied by operation of law. The civil motion deadline calculator counts the briefing chain forward, across weekends and California court holidays.

Common questions

How long do you have to file a motion for judgment notwithstanding the verdict in California?

15 calendar days from the first service of notice of entry of judgment, by the clerk under § 664.5 or by any party, and never later than 180 days after entry of judgment, under CCP §§ 629, 659. Calendar days count weekends and holidays; if the last day lands on one, the deadline rolls to the next court day.

Does the method of service extend the motion for judgment notwithstanding the verdict deadline?

No. This period takes no service extension at all, so the date is the same however the triggering papers were served. Adding days for mail here is how the deadline gets missed.

Can the motion for judgment notwithstanding the verdict deadline be extended?

No. Nothing extends this deadline: not a stipulation between counsel, not a court order, and not good cause. Treat the date as fixed.

When are the opposition and reply due on a motion for judgment notwithstanding the verdict?

Opposition is due 10 days after service of the moving brief, and the reply 5 days after service of the opposition, under Code of Civil Procedure section 659a. The moving brief itself is due 10 days after the notice of motion is filed. These are calendar days counted forward, not court days counted back from the hearing. Section 629(b) applies those periods to this motion.

What catches people out on the motion for judgment notwithstanding the verdict deadline?

It borrows the new trial deadline rather than having one of its own, which means the same 15 days and the same absence of any service extension.

Other motion deadlines

Demurrer Anti-SLAPP special motion to strike Motion to strike Motion to quash service of summons Motion to compel further responses Motion for reconsideration Motion for new trial

This deadline was verified against the code on September 29, 2026. The § 659a briefing periods and the § 660(c) last day to rule were read on September 29, 2026. Every figure on this page is read from the same rules engine the calculators use, so it cannot disagree with them. See methodology.

Rules verified September 29, 2026 · CCP amendments through January 1, 2026, and AB 540 (Stats. 2026, ch. 263) from January 1, 2027 · engine v1.3.0