__[Attorney name]__
__[Address]__
__[Telephone number]__

Attorney for __[e.g., Plaintiff]__, _[name]__

            _ _ _ _ _ _ Court, County of _ _ _ _ _ _
                   __[_ _ _ _ _ _ District]__

_ _ _ _ _ _ _ _ _ _ _ _ _  )   No. _ _ _ _ _ _
                               Plaintiff(s))
vs.                                                        )NOTICE OF INTENTION TO
                                                                          )MOVE FOR NEW TRIAL;
_ _ _ _ _ _ _ _ _ _ _ _ _  )   __[POINTS AND AUTHORITIES;]__
                               Defendant(s))__[DECLARATION(S);]__
_________________________  )   __[PROPOSED ORDER]__

                                                                                                         Hearing: __[date; time]__
                                                                                                         Department: _ _ _ _ _ _
                                                                                                         __[Estimated length:_ _]__
                                                                                                         Trial Date: __[if set]__

     PLEASE TAKE NOTICE that __[plaintiff]__, __[name]__, moves
the Court under Code of Civil Procedure section 657 for an order
to vacate and set aside the order of the Court made and entered
on __[date]__, and to grant __[e.g., plaintiff]__ a new trial of
the action. The grounds for issuance of this order are that there
is newly discovered evidence material to __[e.g., plaintiff]__'s
case, which __[he/she/it]__ could not with reasonable diligence
have discovered and produced at trial, and because of which
__[he/she/it]__ was denied a fair trial.
     The Court is located at __[address]__.
     This motion is based on the attached documents and exhibits
including __[specify by title (or nature) and date, e.g., the
declaration of __[name]__, dated _ _ _ _]__, __[and]__ on all
papers filed and records in this action __[, and on any evidence
received at the hearing]__.

Date: _ _ _ _ _ _                                          [Signature]
                                                                                                                                                                     ________________________
                                                                                                                                            __[Typed name]__
                                                                                                         Attorney for _ _ _ _ _ _ _ _ _ _
      

Return to Table of Contents for

Legal Forms : Set Two