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Report of Executive committee including reports of sections on constitutional amendments, criminal law and procedure, civil procedure; pleading and ... of state laws, legal education and admiss
by:California Bar Association
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 Excerpt: ...2. Section 659 of the Code of Civil Procedure is hereby amended so as to read as follows: SECTION 659. The party who desires to move for a new trial...
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 Excerpt: ...2. Section 659 of the Code of Civil Procedure is hereby amended so as to read as follows: SECTION 659. The party who desires to move for a new trial must, if the action were tried by a jury. at the time the verdict is rendered, or within two days thereafter, or, if tried without a jury, at any time not later than twenty days after the decision oi! the court or reteree, nor more than two days after notice of such decision, in any case, serve upon the adverse party and file with the clerk, a notice of his intention to move for a new trial, designating the grounds upon which the motion will be made. No extension of the time to serve or file such notice of intention shall be given or made by the court or by the parties. If the motion is made upon allidavits, the same must be filed or served with the notice of intention, or on the same day. The above provisions shall not apply to a motion upon the ground of newly discovered evidence where such evidence is not known to the party and could not, with reasonable diligence, have been discovered and presented by him at the time such notice of intention is served; but in such case the party may move for a new trial within a reasonable time, not exceeding thirty days, after discovery of such evidence, and in no case unless the notice of such motion and the aflidavits in support thereof are filed within six months after the verdict or decision is rendered. The pendency ot a motion for a new trial for new evidence not mentioned in the notice of intention, of aflidavits served therewith, shall not operate as a stay of proceedings on the judgment, nor prevent the same from becoming final. But the trial court. or the appellate court, may order such stay of proceedings, on such terms and security as may be just. If errors of ...
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