San Bernardino California Motion for Reconsideration - Personal Injury

Name: San Bernardino California Motion for Reconsideration - Personal Injury
Brand: US Legal Forms
Rating: 4.82 (472 reviews)

Category:

Civil Actions - Personal Injury - Sample Motions

State:

Multi-State

County:

San Bernardino

Control #:

US-PI-0222

Format:

Instant download

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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.

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How to fill out San Bernardino California Motion For Reconsideration - Personal Injury?

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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.

To file an initial appeal with the WCAB, you file a Petition for Reconsideration with the local district office of the WCAB where your case was heard. You have only 20 days from the date your received the decision or award from your local district office to appeal it (California Labor Code Section 5903).

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.

(b) A petition for reconsideration must demonstrate a compelling circumstance, such as the existence of a clear and material error in a decision, which could not have been reasonably anticipated, which renders the decision invalid. The petition must state the relief sought.

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.

Section 1. Filing of Motion for Reconsideration. - A party adversely affected by a final order, resolution, or decision of the Commission rendered in an adjudicative proceeding may, within fifteen (15) days from receipt of a copy thereof, file a motion for reconsideration.

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.

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San Bernardino California Motion for Reconsideration - Personal Injury

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FAQ

What is a 1008 motion?

How do I file a petition for reconsideration Wcab?

What does it mean motion for reconsideration?

What is a Notice of Reconsideration?

What is a petition for reconsideration?

On what grounds may a motion for reconsideration be filed?

When can you file a motion for reconsideration in the Philippines?

How do I file a motion for reconsideration in California?

Interesting Questions

What is a motion for reconsideration in the context of a personal injury case in San Bernardino?

When can I file a motion for reconsideration in a personal injury case in San Bernardino?

What is the purpose of filing a motion for reconsideration in a personal injury case?

Can I file a motion for reconsideration on any court decision in my personal injury case?

What happens after I file a motion for reconsideration in San Bernardino?

If the court grants my motion for reconsideration, what happens next?

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