California · Penal Code

PEN §1180: The granting of a new trial places the parties in the same position as if no trial had been had.

Civil

What this law says, in plain English

This statute explains the procedural effect of granting a new trial: parties restart as though no prior trial occurred, prior testimony must be reproduced, and the former verdict cannot be used as evidence or defense.

Read the full statutory text

The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew, and the former verdict or finding cannot be used or referred to, either in evidence or in argument, or be pleaded in bar of any conviction which might have been had under the accusatory pleading.

Verify at the official source: California legislative text

Facing this? Know exactly what happens next.

MOFRD turns this code section into your situation: the deadlines that apply to you, the forms your county uses, and the resolution paths people in your position actually take. Free for 3 days — no card required.

Start your matter free Ask Law Link about this code

This page is legal information, not legal advice. Code text is sourced from official publications and may lag amendments — always confirm at the official source linked above. Plain-English summaries and relationship data are AI-derived and reviewed on an ongoing basis; verify with a licensed attorney before acting.