Category: 

What Is a Motion For Reconsideration?

A judge who grants a motion for reconsideration will take a new look at a decision.
Discovery of new evidence is a reason to file a motion of reconsideration.
A courthouse.
Article Details
  • Written By: Mary McMahon
  • Edited By: O. Wallace
  • Last Modified Date: 14 December 2014
  • Copyright Protected:
    2003-2014
    Conjecture Corporation
  • Print this Article
Free Widgets for your Site/Blog
The Queen of England legally owns about one-sixth of all of the land on Earth.  more...

December 20 ,  1860 :  South Carolina seceded from the US.  more...

A motion for reconsideration or motion to reconsider is a legal filing which someone can make to ask a court to review a decision and consider issuing a new decision in light of the review. A motion for reconsideration is not an appeal; filing an appeal is a more involved process. The success rate of this type of motion is quite variable, depending on the specifics of the case, the judge, and the legal norms in the region where the case was tried.

There are some restrictions on this type of motion. The motion must be filed within 20 days of the contested ruling or filing, and in some cases the limit may be only 10 days. In addition, it must be filed with the judge responsible for the issue for which reconsideration is being requested. The motion is designed to allow people a chance to quickly correct a legal decision, not to launch a complex appeal process.

When a motion for consideration is filed, the person doing the filing must provide supporting material to argue in defense of the motion. People can't simply ask a judge to reconsider, they must demonstrate that the judge made a decision without all the facts or that a decision appears to have been wanton or malicious in nature. One reason to file such a motion might be the discovery of new evidence after a decision was made, or a revelation that the judge did not have access to all the evidence.

Ad

If a judge grants the motion, the matter will be reconsidered and a new judgment will be issued. Once the reconsideration is over, there are other options for contesting a judgment which is believed to be unfair or unreasonable, including filing an appeal. The options available depend on the court where the case was tried and the nature of the case, and people should be aware that continuing to pursue a case can be a costly choice.

Filing legal motions requires filling out paperwork appropriately. It can be helpful to have a motion for reconsideration prepared by a lawyer or paralegal who can ensure that the document is in order. In addition, a lawyer can provide advice about how to frame the motion and can offer opinions on other legal options which could be pursued instead of or in addition to filing a motion for reconsideration, given the circumstances of the case and the court.

Ad

More from Wisegeek

You might also Like

Discuss this Article

Mama2
Post 10

My son was sentenced to 200 years in prison for a home invasion on a state senator's in-laws. His co-defendant said my son beat the mother-in-law. My son was then charged with three counts of robbery, one burglary and one attempted murder.

My son was never identified being in the home, while the co-defendant had the beaten woman's blood on his shoes and the gun that she was beaten with was linked to the co defendant. The co defendant also was an ex felon. He was given 25/5 years. All of the above came out in court.

We live in Alabama. This was the most time ever given. My son had no priors. The co defendant was charged with robbery. How can something like this happen? The co defendant was identified by the victim. The only link to my son was the car used in the invasion.

Claimant
Post 9

I had a case before the court for negligence because I got injured on the job in 2007. The defendant lied about almost everything. My first attorney filed my case one day before the statutory time and did not file anything to support my case even though he had the information and never instructed me to do a witness statement. The judge mentioned my attorney did not do what he had to do.

My second attorney was asked if they could file my witness statement in a day and said it would take a week. By then my second attorney had explained to me what is a witness statement and had my witness statement three weeks before the judge had asked if they could file witness statement in a day;s time. So they had another two weeks before going before the judge again when my attorney said they would file my witness statement seal so if they decided he would just have to release it.

The second attorney did file my witness statement and my case was dismissed. It was via video conference and my attorney did not say one word to the other party. It can also be deduced from the evidence that my second attorney did not know the statutory time for appealing a procedural or final decision.

Can I file to reinstate my case and what would be good reasons?

anon930796
Post 8

Hi, I had a case before the court for negligence because I got injured on the job. And I’m sure this is not sucking to you but the defendant lied about almost everything. My first attorney did not file anything to support my case although having it and never instructed me to do a witness statement. My second attorney was asked if they could file my witness statement in a day and said a week. By then my second attorney had my witness statement 3 weeks before the judge had ask if they could file witness statement in a day time and had two weeks before going before the judge again.

Second attorney did file my witness statement and my case was dismiss. Can i file to reinstate my case and what would be good reasons?

anon325961
Post 7

My husband was diagnosed with major depressive disorder, and was getting transferred to a psych hospital.

The nurse left him alone and he found his way to the roof and jumped to his death. The jury found the hospital negligent, but not responsible. How can this be? I am so out of funds. Are there any pro bono attorneys available? I cannot let him die in vain. Four children are suffering because of neglect. He was begging for help.

anon285551
Post 6

What are the possibilities of a judge agreeing to reconsider the increase of the bond for a violation of probation because it was an emergency?

anon253412
Post 5

Does a motion to reconsider have to state what relief is being requested and is it limited to that. In other words, can a judge be expect to vacate or remand if it isn't requested?

anon240144
Post 4

What happens if a motion to reconsider gets granted? Is the next step an appeal? How many motions of reconsider can be filed for the same case?

anon237281
Post 3

Thank you so much. I was a domestic violence victim and the defendant lied about almost everything. He can't even get the chronology of the story right. I really hope there will still be justice here in america. Otherwise, it's a scary country.

reader888
Post 2

Is it only possible to file a motion for reconsideration in a civil case? I don't see how you would be able to do this in a criminal case. It's still true that you can't be tried for the same crime twice, right?

upnorth31
Post 1

I'm so thankful for this information! My friend just went through a court case and it did not result in her favor. Of course, new information came to light after the fact. She thinks there's no hope. We always thought that once a case was decided, that was that.

I can't wait to tell her that she may be able to file a motion for reconsideration. I really hope this works out for her!

Post your comments

Post Anonymously

Login

username
password
forgot password?

Register

username
password
confirm
email