Oklahoma Motion for Reconsideration - Personal Injury

• Category: Civil Actions - Personal Injury - Sample Motions
• State: Multi-State
• Control #: US-PI-0222
• Format: Word; Rich Text

Description

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. Oklahoma Motion for Reconsideration — Personal Injury: Understanding the Legal Remedy In the state of Oklahoma, a Motion for Reconsideration in a personal injury case refers to a legal remedy available to parties who wish to challenge a court's decision or order. This motion allows the aggrieved party to present arguments or evidence that may persuade the court to reconsider its ruling. It is crucial to understand the different types and requirements associated with this motion to effectively navigate the legal system. 1. Standard Motion for Reconsideration: This is the most common type of motion filed in personal injury cases in Oklahoma. It is typically used when a party firmly believes that the court's decision is based on incorrect legal interpretations, errors in fact-finding, or misapplication of the law. The standard motion aims to present a compelling argument that convinces the court to reevaluate its initial decision. 2. New Evidence Motion for Reconsideration: In certain scenarios, new evidence may emerge after the court's decision, which could have a significant impact on the outcome of a personal injury case. In such cases, the aggrieved party can file a New Evidence Motion for Reconsideration, presenting this information to the court. The new evidence must not have been discoverable before or introduced during the initial hearing for this motion to be viable. 3. Manifest Error Motion for Reconsideration: When a party believes that the court made an obvious or manifest mistake in its ruling, they can file a Manifest Error Motion for Reconsideration. This motion is typically utilized when an error, such as a miscalculation, factual discrepancy, or misapplied precedent, is evident in the court's decision. To successfully attain reconsideration, the moving must clearly demonstrate the presence of a manifest error that would affect the case's outcome. To file a Motion for Reconsideration in Oklahoma, certain guidelines must be followed: a) Timeliness: The motion must be filed within a specific timeframe after the court's decision. Generally, Oklahoma requires the motion to be filed within ten days after the entry of the final order or judgment. b) Supporting Documentation: The moving needs to provide a detailed written argument, including references to case law and specific aspects of the court's decision that are being contested. Depending on the type of motion filed, supporting evidence or affidavits may also be required. c) Service Requirement: The motion must be served to the opposing party, informing them of the intent to challenge the court's decision. The opposing party will then have an opportunity to respond to the motion and present counter-arguments. d) Court Hearing: Upon receiving the motion and a response from the opposing party, the court will decide whether a hearing is necessary. If the court deems it necessary, both parties will be given an opportunity to present their arguments to the court. While a Motion for Reconsideration provides an avenue for challenging a court's decision or order, it is essential to consult with an experienced personal injury attorney in Oklahoma. They can guide you through the legal process, weigh the potential risks and benefits, and determine the most effective strategy to achieve a favorable outcome.

Oklahoma Motion for Reconsideration — Personal Injury: Understanding the Legal Remedy In the state of Oklahoma, a Motion for Reconsideration in a personal injury case refers to a legal remedy available to parties who wish to challenge a court's decision or order. This motion allows the aggrieved party to present arguments or evidence that may persuade the court to reconsider its ruling. It is crucial to understand the different types and requirements associated with this motion to effectively navigate the legal system. 1. Standard Motion for Reconsideration: This is the most common type of motion filed in personal injury cases in Oklahoma. It is typically used when a party firmly believes that the court's decision is based on incorrect legal interpretations, errors in fact-finding, or misapplication of the law. The standard motion aims to present a compelling argument that convinces the court to reevaluate its initial decision. 2. New Evidence Motion for Reconsideration: In certain scenarios, new evidence may emerge after the court's decision, which could have a significant impact on the outcome of a personal injury case. In such cases, the aggrieved party can file a New Evidence Motion for Reconsideration, presenting this information to the court. The new evidence must not have been discoverable before or introduced during the initial hearing for this motion to be viable. 3. Manifest Error Motion for Reconsideration: When a party believes that the court made an obvious or manifest mistake in its ruling, they can file a Manifest Error Motion for Reconsideration. This motion is typically utilized when an error, such as a miscalculation, factual discrepancy, or misapplied precedent, is evident in the court's decision. To successfully attain reconsideration, the moving must clearly demonstrate the presence of a manifest error that would affect the case's outcome. To file a Motion for Reconsideration in Oklahoma, certain guidelines must be followed: a) Timeliness: The motion must be filed within a specific timeframe after the court's decision. Generally, Oklahoma requires the motion to be filed within ten days after the entry of the final order or judgment. b) Supporting Documentation: The moving needs to provide a detailed written argument, including references to case law and specific aspects of the court's decision that are being contested. Depending on the type of motion filed, supporting evidence or affidavits may also be required. c) Service Requirement: The motion must be served to the opposing party, informing them of the intent to challenge the court's decision. The opposing party will then have an opportunity to respond to the motion and present counter-arguments. d) Court Hearing: Upon receiving the motion and a response from the opposing party, the court will decide whether a hearing is necessary. If the court deems it necessary, both parties will be given an opportunity to present their arguments to the court. While a Motion for Reconsideration provides an avenue for challenging a court's decision or order, it is essential to consult with an experienced personal injury attorney in Oklahoma. They can guide you through the legal process, weigh the potential risks and benefits, and determine the most effective strategy to achieve a favorable outcome.