Motion For Reconsideration Federal Rules

• Category: Civil Procedure - Motions - Sample Motions
• State: Multi-State
• Control #: US-MOT-01428
• Format: Word; Rich Text

Description frcp motion for reconsideration

This form is a Motion to Clarify and/or Reconsider and for a Protective Order. Defendant requests that the court clarify its order and reconsider the order. The defendant also requests a protective order against plaintiff's demand for discovery. The defendant respectfully submits a request for a hearing on the motion at the court's earliest opportunity.

A Motion for Reconsideration is an important legal process under the federal rules that allows parties to request a review or alteration of a court's previous decision. It provides an opportunity to bring new or overlooked evidence, highlight legal errors, or present compelling arguments that may lead the court to modify or reverse its initial ruling. Under the federal rules, there are different types of Motion for Reconsideration that can be filed depending on the specific circumstances of the case. These include: 1. Rule 59(e) Motion for Reconsideration: This motion is filed within 28 days after the entry of a final judgment or order and is aimed at challenging the court's decision based on the discovery of new evidence, an erroneous interpretation of the law, or a clear misapplication of facts. It urges the court to reconsider and amend its judgment accordingly. 2. Rule 60(b) Motion for Reconsideration: This motion is filed after a final judgment, but within a specific time frame depending on the grounds being raised, usually no more than one year. Rule 60(b) provides various grounds for seeking reconsideration, such as mistake, newly discovered evidence, fraud, or misconduct by the opposing party, or the judgment being void or obtained under exceptional circumstances. 3. Rule 54(b) Motion for Reconsideration: This motion is typically utilized when multiple claims or parties are involved in the litigation, and a final decision has been rendered on fewer than all the claims or parties. It allows parties to request reconsideration of specific issues or relief related to the decided claims while the remaining claims are still being addressed, thereby avoiding delay in the resolution of the entire case. 4. Local Rules Motion for Reconsideration: Some federal district courts may have their own local rules that govern the process of filing a motion for reconsideration. These local rules may have specific requirements for the content, timing, or briefing of the motion that parties must adhere to. It is crucial to note that the standard for granting a Motion for Reconsideration is generally high, as courts prefer finality and stability in their decisions. Thus, parties must present strong arguments and supporting evidence to warrant a reevaluation of the court's ruling. Understanding the specific federal rules and local rules applicable to the case is essential to ensure the motion is properly drafted, filed, and argued to increase the chances of success.