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

State:
Multi-State
Control #:
US-01055BG
Format:
Word; 
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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


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.

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

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FAQ

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.

If a motion to reopen a case is granted, it means an unfavorable decision will be reconsidered based on new facts. The petition must state this updated information to demonstrate eligibility for reevaluation of eligibility.

Unlike a motion for reconsideration, a renewed motion does not ask the court to modify, amend, or revoke the prior order, but instead it is a pure renewal of the first motion.

No later than 28 days after the entry of judgment, the court, on its own, may order a new trial for any reason that would justify granting one on a party's motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion.

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.

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.

A party claiming relief may move, with or without supporting affidavits, for summary judgment on all or part of the claim. (b) By a Defending Party. A party against whom relief is sought may move, with or without supporting affidavits, for summary judgment on all or part of the claim.

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