Types Of Motion In Family Court For Reconsideration Arizona

• Category: Family Law - Divorce - Child Support - Modifications
• State: Multi-State
• Control #: US-00799BG
• Format: Word; Rich Text

Description motion for reconsideration sample

A decree for child support is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a petition to modify an order for child support on the same set of facts that existed when the original order was made. To justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.

Types of Motion in Family Court for Reconsideration in Arizona In the Arizona family court system, parties involved in a family law case have the right to request reconsideration of a court's decision. Reconsideration motions play a crucial role in allowing parties an opportunity to present new evidence or arguments that may persuade the court to alter its original decision. There are various types of motions that can be filed for reconsideration in family court, including the following: 1. Motion for Reconsideration: This motion requests the court to review and revisit its previous decision based on new evidence, legal errors, or newly discovered facts that were not presented during the initial proceedings. It urges the court to reconsider its judgment and potentially make revisions or modifications. 2. Motion to Amend or Correct: This motion seeks to address errors or omissions in the court's order or judgment. It asks for specific amendments or corrections to rectify inaccuracies, inconsistencies, or oversights made by the court in its original decision. 3. Motion to Alter or Amend Judgment: This motion is filed to contest a final judgment issued by the court. It asks the court to modify or change its previous decision based on legal errors, irregularities, or changes in circumstances that may have occurred since the judgment was entered. 4. Motion for New Trial: A motion for a new trial is typically filed within a specified time frame after the court's original judgment. This motion argues that a new trial should be granted to reexamine the case based on factors such as evidence that was improperly admitted or excluded, jury misconduct, or errors in the application of the law. 5. Motion for Relief From Judgment: This motion requests the court to set aside or vacate its previous judgment based on various grounds, including fraud, mistake, or any other reason that justifies relief. It allows parties to seek redress when they believe the court's judgment was obtained through unfair means or clear errors. 6. Motion for Clarification: This motion seeks clarification from the court regarding specific aspects of its previous order or judgment. It asks the court to provide further explanation or guidance to resolve any ambiguities or uncertainties that may arise from the court's decision. It is important to note that each type of motion for reconsideration in Arizona family court entails specific filing requirements and deadlines. Parties should consult with an experienced family law attorney to ensure proper procedures are followed and the best chance of success in their reconsideration request.