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The most common type of post-trial motion is a Motion for Reconsideration in which you are asking the judge to reconsider his/her ruling and change one specific part of the court order or the court's overall ruling.
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.
A motion to reopen is based on documentary evidence of new facts. Alternatively, a motion to reconsider is based on a claim of incorrect application of law or policy to the prior decision.
Hear this out loud PauseFor example, in a motion for reconsideration Florida family law case, new evidence might include proof of a change in a parent's income or a change in a child's needs. In a motion for reconsideration Florida criminal case, newly discovered evidence could be surveillance footage that wasn't previously available.
If you have appeal rights, you may file both an appeal and a motion. While the motion is considered and decided by the official who made the decision on which the motion is based, an appeal will be reviewed and decided by an independent staff and authority.
Hear this out loud PauseMotion for reconsideration This is when a party that is affected by a trial court's order asks the same court to reconsider the order, based on new facts, circumstances, or law.
Hear this out loud PauseA motion to reconsider must state with particularity the errors of fact or law in the prior Board decision, with appropriate citation to authority and the record. If a motion to reconsider is premised upon changes in the law, the motion should identify the changes and, where appropriate, provide copies of that law.
Hear this out loud PauseThe purpose of a Motion for Clarification is to ask the Court to explain the provisions of a prior order of the Court that a party does not fully understand.