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HomeCode of Civil ProcedurePRELIMINARY PROVI...Pt. 2Ch. 4§ 1008 Reconsideration Of Court Orders

§ 1008 Reconsideration Of Court Orders

Code of Civil Procedure·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1008 Reconsideration Of Court Orders

This law says if a judge makes a decision, you can ask them to change it if you have new facts or if the law changes. You have to do it the right way, or you could get in trouble.

Key Takeaways

  • •You can ask a judge to change their decision if you have new facts or if the law changes.
  • •You have to explain what’s new and why it matters.
  • •You only have 10 days to ask for a change after you get the judge’s decision.
  • •If you don’t follow the rules, the judge can cancel their new decision or punish you.
  • •You can’t just ask again and again—you need a real reason.

Example

You asked a judge to let you move with your kid, but the judge said no. Later, you find out the other parent has a new job that keeps them away from home a lot.

You can go back to the same judge and ask again, but you have to explain what’s new and why it should change the judge’s mind. You only have 10 days after you get the judge’s decision to do this.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1008 Reconsideration Of Court Orders

(a) When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown. (b) A party who originally made an application for an order which was refused in whole or part, or granted conditionally or on terms, may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it shall be shown by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown. For a failure to comply with this subdivision, any order made on a subsequent application may be revoked or set aside on ex parte motion. (c) If a court at any time determines that there has been a change of law that warrants it to reconsider a prior order it entered, it may do so on its own motion and enter a different order. (d) A violation of this section may be punished as a contempt and with sanctions as allowed by Section 128.7. In addition, an order made contrary to this section may be revoked by the judge or commissioner who made it, or vacated by a judge of the court in which the action or proceeding is pending. (e) This section specifies the court’s jurisdiction with regard to applications for reconsideration of its orders and renewals of previous motions, and applies to all applications to reconsider any order of a judge or court, or for the renewal of a previous motion, whether the order deciding the previous matter or motion is interim or final. No application to reconsider any order or for the renewal of a previous motion may be considered by any judge or court unless made according to this section. (f) For the purposes of this section, an alleged new or different law shall not include a later enacted statute without a retroactive application. (g) An order denying a motion for reconsideration made pursuant to subdivision (a) is not separately appealable. However, if the order that was the subject of a motion for reconsideration is appealable, the denial of the motion for reconsideration is reviewable as part of an appeal from that order. (h) This section applies to all applications for interim orders. (Amended by Stats. 2011, Ch. 78, Sec. 1. (AB 1067) Effective January 1, 2012.)

Last verified: January 9, 2026

Key Terms

reconsiderationnew or different factschange of lawaffidavit

Related Statutes

  • § 415.50 Service By Publication Rules
  • § 417.10 Service Proof Requirements
  • § 417.20 Out-Of-State Service Proof
  • § 484.030 Attachment Claim Affidavit Requirement
  • § 484.060 Defendant Opposition To Attachment

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Code of Civil Procedure. Section 1008.
View Official Source