Title: Understanding Arizona Motion for Reconsideration in Personal Injury Cases Introduction: In personal injury cases, defendants who have been found liable for compensation may file an Arizona Motion for Reconsideration to request the court to review and potentially modify its decision. This motion serves as a formal request for the court to reconsider and revise its ruling based on certain grounds specified by the Arizona rules of civil procedure. Types of Arizona Motion for Reconsideration — Personal Injury: 1. Standard Motion for Reconsideration: The standard Motion for Reconsideration in Arizona personal injury cases involves presenting arguments that highlight errors in law or fact and requesting the court to reevaluate its original ruling. Parties often file this motion when they believe the court misunderstood or overlooked crucial evidence, misapplied the law, or made a decision unsupported by the facts of the case. 2. Newly Discovered Evidence Motion: Under certain circumstances, a party may file a Motion for Reconsideration based on newly discovered evidence. This type of motion is appropriate when the evidence could not have been discovered before or presented at the original hearing, and it has the potential to change the outcome of the case significantly. 3. Manifest Injustice Motion: In some cases, a Motion for Reconsideration can be filed based on the argument of manifest injustice. This claim asserts that the original judgment was fundamentally unfair or unjust, possibly due to an extreme miscarriage of justice or a violation of the party's constitutional rights. 4. Error of Law Motion: If an error of law arises in the case, either through an inaccurate interpretation or application of the law, the affected party may file a Motion for Reconsideration based on an error of law. This motion urges the court to reexamine its ruling in light of the correct interpretation of applicable legal principles. Key Elements and Procedure for an Arizona Motion for Reconsideration: 1. Timeliness: The motion must be filed within strict time limits, generally within ten days after the entry of the court's final judgment. 2. Grounds for reconsideration: The party must outline the specific grounds for reconsideration, such as an error of law, newly discovered evidence, or manifest injustice. 3. Supporting arguments: The motion should provide compelling legal arguments and cite relevant statutes, case law, or other authorities to strengthen the request for reconsideration. 4. Supporting documents: The party may attach supporting documents, affidavits, or exhibits that aid in establishing the merit of the motion. 5. Response and hearing: The opposing party has the opportunity to respond to the motion. The court may schedule a hearing to allow both parties to present their arguments. Conclusion: An Arizona Motion for Reconsideration — Personal Injury is a legal tool available to parties seeking a review and potential revision of a court's decision in a personal injury case. By demonstrating errors in law, presenting newly discovered evidence, or alleging manifest injustice, the motion seeks to ensure fairness and a just outcome. Understanding the various types of motions for reconsideration can assist personal injury litigants in pursuing their rights effectively.
Arizona Motion for Reconsideration - Personal Injury
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(g) Motions for Reconsideration. No motion for reconsideration of an Order may repeat any oral or written argument made by the movant in support of or in opposition to the motion that resulted in the Order. Failure to comply with this subsection may be grounds for denial of the motion. (2) Procedure.
(b) Procedure. A motion for reconsideration must not request oral argument. Parties must not file a responsive or reply memorandum unless the court orders otherwise. But the court will not grant a motion for reconsideration without providing all other parties an opportunity to respond.
A party desiring reconsideration of a decision must file a motion for reconsideration in the appellate court within 15 days after the appellate court enters its decision. A party may amend a motion for reconsideration only with the appellate court's permission.
Rule 35.1 - Motion for Reconsideration (a)Generally. A party seeking reconsideration of a court order or ruling may file a motion for reconsideration. (b)Procedure. A motion for reconsideration must not request oral argument.
A motion to reconsider either identifies an error in law or fact in a prior Board decision or identifies a change in law that affects a prior Board decision and asks the Board to re-examine its ruling. A motion to reconsider is based on the existing record and does not seek to introduce new facts or evidence.
A party or a side, if there is more than one plaintiff or one defendant in a lawsuit, may request a change of judge as a matter of right orally or in writing. The party or side must request a change of judge as a matter of right in the precinct where the lawsuit is pending.
A motion for reconsideration is a prime opportunity to seek relief from a Court Order. A motion for reconsideration is an application to the Court requesting that the Court alter or amend a judgment or order, and it must be served no later than twenty (20) days after the order has been served on all parties.