New York Motion for Reconsideration - Personal Injury

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Multi-State
Control #:
US-PI-0222
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Word; 
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This form is a motion for reconsideration filed by the plaintiff in a personal injury action requesting the court to amend its prior judgment and include in its award pre-judgment interest. A motion for reconsideration is a legal mechanism utilized in the New York State court system to request the court to review and possibly change its previous decision on a matter. In the context of personal injury cases, a New York Motion for Reconsideration plays a crucial role in allowing parties to seek a reevaluation of a court's ruling or order that they believe to be unjust or based on incorrect interpretation of the law. Key Points: 1. Purpose of a New York Motion for Reconsideration — Personal Injury: A motion for reconsideration allows a party to present new arguments, evidence, or legal grounds that were not previously considered by the court. It is an opportunity to bring forth compelling reasons or errors of law that might prompt the court to alter its decision. 2. Grounds for Filing a New York Motion for Reconsideration — Personal Injury: A motion for reconsideration typically requires showing one or more of the following grounds: a. Newly discovered evidence: The motion must present evidence that was previously unavailable and could affect the outcome of the case. b. Manifest error of law or fact: The moving party needs to establish that a clear mistake was made by the court, either in the interpretation of the law or in considering the facts of the case. c. Change in controlling law: If there has been a subsequent change in the law that impacts the case, the motion can be filed to bring this to the court's attention. 3. Different Types of New York Motion for Reconsideration — Personal Injury: While there aren't specific types of motions for reconsideration exclusively related to personal injury cases, the concept and process of filing a motion for reconsideration remain the same across different types of lawsuits. However, depending on the circumstances of a personal injury case, specific arguments and evidence may be presented in support of the motion. 4. Procedure for Filing a New York Motion for Reconsideration — Personal Injury: To file a motion for reconsideration in a personal injury case, the moving party must adhere to the New York Civil Practice Law and Rules (CPR). This includes strict timelines and requirements for submitting the motion, including a detailed memorandum of law and supporting documentation. It is essential to consult with an experienced attorney to navigate the complex procedural aspects. 5. Limitations and Considerations: It is crucial to note that motions for reconsideration are generally disfavored by the courts and granted only in exceptional circumstances. The burden lies on the moving party to present compelling reasons why the court should reconsider its prior decision. Additionally, there may be specific limitations, such as time constraints, which require the motion to be filed within a specified period after the court's ruling. In summary, a New York Motion for Reconsideration — Personal Injury is a legal mechanism allowing parties in a personal injury case to request the court to review and potentially revise its prior decision. It necessitates demonstrating new evidence, a manifest error of law or fact, or a change in controlling law. While there are no specific types of motions exclusively for personal injury cases, the concept remains the same. Adherence to procedural requirements and consulting with a knowledgeable attorney is crucial for effectively utilizing this legal recourse.

A motion for reconsideration is a legal mechanism utilized in the New York State court system to request the court to review and possibly change its previous decision on a matter. In the context of personal injury cases, a New York Motion for Reconsideration plays a crucial role in allowing parties to seek a reevaluation of a court's ruling or order that they believe to be unjust or based on incorrect interpretation of the law. Key Points: 1. Purpose of a New York Motion for Reconsideration — Personal Injury: A motion for reconsideration allows a party to present new arguments, evidence, or legal grounds that were not previously considered by the court. It is an opportunity to bring forth compelling reasons or errors of law that might prompt the court to alter its decision. 2. Grounds for Filing a New York Motion for Reconsideration — Personal Injury: A motion for reconsideration typically requires showing one or more of the following grounds: a. Newly discovered evidence: The motion must present evidence that was previously unavailable and could affect the outcome of the case. b. Manifest error of law or fact: The moving party needs to establish that a clear mistake was made by the court, either in the interpretation of the law or in considering the facts of the case. c. Change in controlling law: If there has been a subsequent change in the law that impacts the case, the motion can be filed to bring this to the court's attention. 3. Different Types of New York Motion for Reconsideration — Personal Injury: While there aren't specific types of motions for reconsideration exclusively related to personal injury cases, the concept and process of filing a motion for reconsideration remain the same across different types of lawsuits. However, depending on the circumstances of a personal injury case, specific arguments and evidence may be presented in support of the motion. 4. Procedure for Filing a New York Motion for Reconsideration — Personal Injury: To file a motion for reconsideration in a personal injury case, the moving party must adhere to the New York Civil Practice Law and Rules (CPR). This includes strict timelines and requirements for submitting the motion, including a detailed memorandum of law and supporting documentation. It is essential to consult with an experienced attorney to navigate the complex procedural aspects. 5. Limitations and Considerations: It is crucial to note that motions for reconsideration are generally disfavored by the courts and granted only in exceptional circumstances. The burden lies on the moving party to present compelling reasons why the court should reconsider its prior decision. Additionally, there may be specific limitations, such as time constraints, which require the motion to be filed within a specified period after the court's ruling. In summary, a New York Motion for Reconsideration — Personal Injury is a legal mechanism allowing parties in a personal injury case to request the court to review and potentially revise its prior decision. It necessitates demonstrating new evidence, a manifest error of law or fact, or a change in controlling law. While there are no specific types of motions exclusively for personal injury cases, the concept remains the same. Adherence to procedural requirements and consulting with a knowledgeable attorney is crucial for effectively utilizing this legal recourse.

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New York Motion for Reconsideration - Personal Injury