Can you ask a judge to reconsider its decision?

A motion for reconsideration is a legal request that allows you to ask the judge to reconsider his/her ruling. Depending on your state's laws, a motion for reconsideration may be an option in situations:new evidence is available that you were not able to present before the judge made a decision.

US Legal Forms
Motion of Defendant Requesting Court to Reconsider an Order and...

Motion of Defendant Requesting Court to Reconsider an Order and Notice of Motion to Plaintiff

Category:

Civil Procedure - Reconsideration

State:

Multi-State

Control #:

US-01057BG

Format:

Instant download

Description

A motion is an application to a judge or court requesting a specific order directing performance of an act for the benefit of the applicant. A motion may be directed strictly to a procedural defect or matter. However, it is usually used to obtain relief not available through other pleadings. An order is a direction by a judge or court that certain actions should or should not be performed, and is usually, although not always, made in response to a party's motion.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

Guide for Articles of Organization Surrender (Virginia limited liability company to be domesticated under the laws of another jurisdiction)

View this form

Articles of Organization for a Virginia Professional Limited Liability Compan

View this form

Mandatory Arbitration Hearing Notice

View this form

Sample Cover Letter for Filing of LLC Articles or Certificate with Secretary of State

View this form

Notice Regarding Estate

View this form

Sublease of Residential Property

View this form

Affidavit by Corporate Officer before a No...

View this form

Petition For Writ Of Habeas Corpus By Pers...

View this form

Release of Corporate Employer by Executive...

View this form

Sample Letter for Closure of Estate with W...

View this form

Key Concepts & Definitions

Definition: The motion of defendant requesting court to reconsider is a formal request to a judge to review and change a previous decision considering new evidence or arguments. This motion can be filed in both federal and state courts across the United States. Legal Clarity Website suggests these are extensively used in federal appellate litigation to address oversight or errors in the court's initial judgment.

Step-by-Step Guide on How to File a Motion for Reconsideration

Original Document Submission: Prepare the motion document stating clear arguments and any new evidence not previously considered by the court.
File Motion Reconsideration: Submit the motion to the same court that issued the original ruling. Ensure your filing meets local jurisdiction requirements.
Notice of Motion Certain: Notify all parties involved about the motion. This often includes the plaintiff and any representatives from the university law team or a graduate paralegal service.
Defendant Case Arguments: Present new evidence or corrected legal interpretations that justify reconsidering the original decision.
Requesting Court Reconsider: Await the judges decision on the reconsideration request, which could involve further hearings.

Risk Analysis

Potential Risks Involved:

Delay in finalizing the case outcome due to extended litigation periods.
Additional costs incurred from legal fees for retaining services like a graduate paralegal service.
Potential weakening of the defendants position if the motion is viewed unfavorably.

Key Takeaways

Essential Points:

A motion for reconsideration is a critical tool used in legal disputes that allows defendants a second chance to present their case.
Timely filing following the courts guidelines and presenting substantial new evidence or clarification are paramount for the success of the motion.
Understanding the procedural nuances, possibly by consulting with experts or legal services, can effectively mitigate the risks associated with such motions.

FAQ

Frequently Asked Questions:

When should a defendant file a motion for reconsideration? Ideally, as soon as new evidence arises or an error in the original ruling is discovered.
Can a motion for reconsideration be filed in any court? Yes, these motions can be filed in both federal and state courts across the United States.
What is the typical outcome of such motions? Outcomes can vary, but generally, the motion either leads to an amendment of the original judgment or reaffirmation of the same.

How to fill out Motion Of Defendant Requesting Court To Reconsider An Order And Notice Of Motion To Plaintiff?

Aren't you sick and tired of choosing from numerous samples every time you need to create a Motion of Defendant Requesting Court to Reconsider an Order and Notice of Motion to Plaintiff? US Legal Forms eliminates the wasted time numerous American citizens spend browsing the internet for suitable tax and legal forms. Our skilled group of attorneys is constantly modernizing the state-specific Forms catalogue, so that it always provides the proper documents for your scenarion.

If you’re a US Legal Forms subscriber, simply log in to your account and click the Download button. After that, the form can be found in the My Forms tab.

Users who don't have an active subscription need to complete a few simple steps before having the ability to get access to their Motion of Defendant Requesting Court to Reconsider an Order and Notice of Motion to Plaintiff:

Make use of the Preview function and look at the form description (if available) to make sure that it is the right document for what you are trying to find.
Pay attention to the applicability of the sample, meaning make sure it's the proper template for the state and situation.
Utilize the Search field at the top of the site if you have to look for another document.
Click Buy Now and choose an ideal pricing plan.
Create an account and pay for the service utilizing a credit card or a PayPal.
Download your template in a needed format to finish, print, and sign the document.

As soon as you’ve followed the step-by-step guidelines above, you'll always be capable of sign in and download whatever document you will need for whatever state you require it in. With US Legal Forms, completing Motion of Defendant Requesting Court to Reconsider an Order and Notice of Motion to Plaintiff templates or other legal documents is easy. Begin now, and don't forget to look at your samples with certified attorneys!

Form popularity

FAQ

A motion for reconsideration is a legal request that allows you to ask the judge to reconsider his/her ruling. Depending on your state's laws, a motion for reconsideration may be an option in situations:new evidence is available that you were not able to present before the judge made a decision.

Section 1. Filing of Motion for Reconsideration. - A party adversely affected by a final order, resolution, or decision of the Commission rendered in an adjudicative proceeding may, within fifteen (15) days from receipt of a copy thereof, file a motion for reconsideration.

An order denying a motion for reconsideration is not appealable, the remedy being an appeal from the judgment or final order.

Write a motion for reconsideration. You must explain why you think the ruling is wrong and the reason must be one of the nine reasons listed in Civil Rule 59(a) (on back of page). 2. File the motion within ten calendar days after the judge or court commissioner made the ruling.

You cannot appeal a court decision simply because you are unhappy with the outcome; you must have a legal ground to file the appeal. If the judge in your case made a mistake or abused his/her discretion, then you might have grounds to file an appeal.

Grounds of and period for filing motion for reconsideration. Within the period for taking an appeal, the aggrieved party may move for reconsideration upon the grounds that the evidence is insufficient to justify the decision or final order, or that the decision or final order is contrary to law.

Just as with your motion to stay, begin your motion for reconsideration by stating who you are, what you are asking of the judge, and which rule gives you permission to ask. From there on out, use the rule itself as a general outline for your motion.