This sample California opposition to a motion for new trial is used by a party who opposes the motion on the grounds that no prejudicial error was shown and no facts or evidence support any of the grounds alleged for a new trial. The sample document on which this preview is based is 10 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and a proof of service by mail. The author has created over 235 sample legal documents and has worked in California and Federal litigation since 1995.

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Any Attorney or Party
Any Street
Any Town, CA 55555
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714-555-5555
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Any Attorney or Party
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Superior Court of the State of California
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For the County of _________________
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Any Plaintiff,
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Plaintiff,
vs.
Any Defendant, and DOES 1-5
Defendants.
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Case No.
OPPOSITION TO MOTION FOR NEW TRIAL;
MEMORANDUM OF POINTS AND
AUTHORITIES; DECLARATION OF _________;
EXHIBITS
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address. Be sure to remove this notice and all other notices before
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using this document.
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- 1 OPPOSITION TO MOTION FOR NEW TRIAL

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TO THE COURT, ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF
RECORD:
______________, herein submits its opposition to the motion for new trial filed by _____ on
the grounds that the motion is without merit and ______ has provided no specific facts or evidence
that would support the granting of a new trial.
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The Opposition shall be based on this opposition, the attached Memorandum of Points and
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Authorities, the declaration of _____________ and Exhibits attached thereto, on the complete files
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and records of this action, and on such other oral and/or documentary evidence as may be presented
at the hearing on the Motion.
Be sure to modify these paragraphs to suit your individual
situation. Do NOT just use the wording here unless it definitely applies
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to your particular situation.
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Dated________________
_______________________________________________
ANY ATTORNEY OR PARTY
YOU MUST SERVE AND FILE THIS MEMORANDUM ON
ALL PARTIES TO THE ACTION ALONG WITH ANY
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SUPPORTING AFFIDAVITS OR DECLARATION WITHIN 10
CALENDAR DAYS AFTER BEING SERVED WITH ANY
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AFFIDAVITS OR MEMORANDUM OF POINTS AND
AUTHORITIES UNLESS YOU OBTAIN A STIPULATION OR
- 2 OPPOSITION TO MOTION FOR NEW TRIAL

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COURT ORDER TO EXTEND THE TIME. SEE CODE OF CIVIL
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PROCEDURE § 659a.
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- 3 OPPOSITION TO MOTION FOR NEW TRIAL

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MEMORANDUM OF POINTS AND AUTHORITIES
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I.
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INTRODUCTION
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DESCRIBE THE CASE AND PROVIDE SOME RELEVANT INFORMATION SUCH
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AS TYPE OF CASE, DATE(S) OF TRIAL, DATE AND DETAILS OF JUDGMENT, ETC.
_____________ contends that a new trial should be granted on the grounds of BRIEFLY
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LIST WHAT GROUNDS THE OPPOSING PARTY HAS CHOSEN.
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__________ opposes the motion on the grounds that no specific facts or evidence have been
submitted that would support the granting of a new trial.
LIST HERE THE SPECIFIC DETAILS SUPPORTING YOUR OPPOSITION TO
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THE MOTION FOR NEW TRIAL AND CITE TO THE MINUTES OF THE COURT OR
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TRANSCRIPT, ETC. THAT SUPPORT YOUR CONTENTION. If any documents support your
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contentions be sure to attach them as Exhibit “1”, and so on.
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Be sure to modify these paragraphs to suit your individual
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situation. Do NOT just use the wording here unless it definitely applies
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to your particular situation.
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- 4 OPPOSITION TO MOTION FOR NEW TRIAL

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II.
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LEGAL ARGUMENT
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A.
THE LAW IN CALIFORNIA IS CLEAR THAT NO JUDGMENT SHALL BE SET
AISDE OR A NEW TRIAL GRANTED UNLESS ANY ALLEGED ERRORS WERE
PREJUDICIAL OR RESULTED IN A MISCARRIAGE OF JUSTICE
_______ opposes the motion on the grounds that no facts or evidence have been presented
that would support the granting of a new trial. And even assuming arguendo that errors were made
the law is clear in California that no judgment shall be set aside or a new trial granted unless the error
was prejudicial or results in a miscarriage of justice.
Code of Civil Procedure § 475 states that, “The court must, in every stage of an action,
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disregard any error, improper ruling, instruction, or defect, in the pleadings or proceedings which, in
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the opinion of said court, does not affect the substantial rights of the parties. No judgment, decision,
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or decree shall be reversed or affected by reason of any error, ruling, instruction, or defect, unless it
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shall appear from the record that such error, ruling, instruction, or defect was prejudicial, and also
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that by reason of such error, ruling, instruction, or defect, the said party complaining or appealing
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sustained and suffered substantial injury, and that a different result would have been probable if such
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error, ruling, instruction, or defect had not occurred or existed. There shall be no presumption that
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error is prejudicial, or that injury was done if error is shown.”
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And the California Constitution itself at Article VI, § 13 states that, “No judgment shall be
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set aside, or new trial granted, in any cause, on the ground of misdirection of the jury, or of the
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improper admission or rejection of evidence, or for any error as to any matter of pleading, or for any
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error as to any matter of procedure, unless, after an examination of the entire cause, including the …
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- 5 OPPOSITION TO MOTION FOR NEW TRIAL

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To view the sample document on which this preview is based visit:
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http://www.scribd.com/doc/178086379/Sample-Opposition-toCalifornia-Motion-for-New-Trial
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- 6 OPPOSITION TO MOTION FOR NEW TRIAL

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To view the sample document on which this preview is based visit:
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http://www.scribd.com/doc/178086379/Sample-Opposition-toCalifornia-Motion-for-New-Trial
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- 6 OPPOSITION TO MOTION FOR NEW TRIAL