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Motion of Defendant Requesting Court to Reconsider an Order and...

Santa Clara California Motion of Defendant Requesting Court to Reconsider an Order and Notice of Motion to Plaintiff

Name: Santa Clara California Motion of Defendant Requesting Court to Reconsider an Order and Notice of Motion to Plaintiff
Brand: US Legal Forms
Rating: 4.69 (455 reviews)

Category:

Civil Procedure - Reconsideration

State:

Multi-State

County:

Santa Clara

Control #:

US-01057BG

Format:

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 not be performed, and is usually, although not always, made in response to a party's motion.

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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FAQ

Lawyers and judges often used the shorthand phrase Code of Civil Procedure section 1008 motion to refer to a motion for reconsideration that, among other things, must be brought within a tight timeframe ten days from notice of entry of the order.

You must file a motion for reconsideration within 10 days of being served with the written notice of entry of the order you want the court to reconsider. The motion must also include an affidavit with information about the original order and the new facts, circumstances, or law. The requirements are very specific.

Within the period for taking an appeal, the aggrieved party may move for reconsideration upon the grounds that the evidence is insufficient to justify the decision or final order, or that the decision or final order is contrary to law.

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.

Reconsideration is an administrative process where another person from the same agency will review the claim. This is a rather redundant process, and most reconsideration cases are also denied before being sent to the hearing level.

You have a right to appeal any decision of the lower court. However, you should think about whether you are likely to succeed before deciding to appeal a decision. b. unjust because of a serious procedural or other problem with the proceedings in the lower court.

The most obvious way in which individual judges are accountable is through the right of the party to the proceedings to appeal any judicial decision, in some cases through several higher courts. In this way the losing party is able to have the decision reviewed by another independent judge or judges.

Administrative Motions to File Under Seal 1. A statement certifying that the filing party has reviewed and complied with this Order. 2. A statement certifying that the filing party has reviewed and complied with Civil Local Rule 79-5.

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.

Reviewing courts have discretion to treat Statements of Decision as appealable when they must, as when a Statement of Decision is signed and filed and does, in fact, constitute the court's final decision on the merits. But a Statement of Decision is not treated as appealable when a formal order or judgment follows.

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Any filing erroneously made in a division of the Court may be transferred to the appropriate division upon motion of any party or on the court's own motion. Who Should Use This Packet?Re: Request for records concerning grand jury that indicted plaintiff. Disposition: Granting defendant's motion for summary judgment. ORDER.

Santa Clara California Motion of Defendant Requesting Court to Reconsider an Order and Notice of Motion to Plaintiff

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FAQ

What is a 1008 motion?

How do I file a motion for reconsideration in California?

On what grounds may a motion for reconsideration be filed?

What does it mean motion for reconsideration?

What is a Notice of Reconsideration?

Can I challenge a judges decision?

Can a judges decision be overturned?

What is an administrative motion?

Do judges ever reconsider?

Is a statement of decision appealable?

Interesting Questions

What does it mean when a defendant files a motion requesting the court to reconsider an order?

Why would a defendant file a motion to reconsider?

What is the purpose of the 'Notice of Motion' sent to the plaintiff?

How does a defendant initiate the process of requesting the court to reconsider an order?

What should a defendant do if they want the court to reconsider an order?

How long does it typically take for a court to make a decision on a motion to reconsider?

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