Filing a Motion for Reconsideration

In numerous instances, litigants do not approve of a decision rendered by a judge.  Most of the time, one party wins and another loses whenever a judge make a decision, and the losing party may not like the holding of a court.  In certain instances, parties can ask a judge to reconsider a decision the court has made so long as a party satisfies a number of conditions.  There are a few things litigants and their attorneys should keep in mind when filing a motion for reconsideration to have the best chance at obtaining a favorable outcome.

New Facts

Sometimes, if a judge did not consider facts when rendering an initial decision, then new facts can form the basis of filing a motion for reconsideration.  There are a variety of ways how new facts can form the basis of a motion for reconsideration.  If the judge did not seem to consider critical facts in the record when rendering the initial decision, this can be brought to light when a litigant asks the judge to reconsider the decision.  In order to prove that a judge did not consider facts in the initial decision, the litigant should point to the lack of those facts in the decision and the fact that said facts were in the record before the motion court.

In some instances, a litigant may be able to present new evidence that was not included in the initial motion when asking a court to reconsider a decision.  However, such instances are rare so that a court does not have to reconsider decisions lightly.  An experienced lawyer should know how to frame arguments so that new facts have the best chance of serving as the basis of a motion for reconsideration.

New Law

Sometimes new law can also form the basis of filing a motion for reconsideration.  Oftentimes, a judge may not base her or his decision on the right points of law.  This can be because the matter is not properly briefed or because the court made a mistake in understanding the legal issues that were involved with a matter.  Trial courts have a responsibility to follow the authority handed down by higher courts, and if a litigant can show that a decision contradicts authorities, then a litigant may be able to have a trial court reconsider a decision.

In addition, the law changes all of the time and a court may not be aware of changes to the law.  For instance, legislation is passed frequently that can have an impact on a wide variety of legal issues.  In addition, higher courts may hand down decisions often that can impact how a trial court should evaluate a matter.  If a litigant shows that a new law was passed, or a higher court handed down a relevant decision that contradicts the trial court’s decision, then a motion for reconsideration may have a better likelihood of being successful.

Timeliness

It should be noted that there are oftentimes strict deadlines associated with filing a motion for reconsideration.  Courts justifiably do not want to be subject to a reconsideration request months or years after an issue was originally decided.  This is because delays in filing a motion for reconsideration can add time to the life of a case and it might be difficult to evaluate the merits of a prior decision when the decision was handed down a long time ago.

The amount of time that a litigant has to file a motion for reconsideration varies from jurisdiction to jurisdiction.  This might be as little as 20 to 30 days and some jurisdictions might have more flexible standards for determining whether a request to file a motion for reconsideration was timely.  Litigants should consult with an experienced litigation attorney to ensure that they still have time to file a motion for reconsideration in their case.

Without Prejudice

It should be noted that sometimes courts welcome filing a motion for reconsideration or a motion to reargue a matter.  In some situations in litigation, parties may file an early motion for relief before significant information or documents have been exchanged in a case.  For instance, parties sometimes file motions for summary judgment early in the litigation so that parties can obtain relief as soon as possible and while spending the least amount of money possible.  Courts may deny such motions as premature since the parties need to exchange documents and information so that the court can better evaluate an issue.

In such instances, courts may indicate that their order is without prejudice and that litigants can seek a motion to reargue the point at a later time after the case has progressed and a court has more information upon which to base its decision.  A court may not preserve this right unless counsel makes it clear that they wish to file the motion again, so it is important that litigants and attorneys try and preserve the ability to reargue matters at a later time.

The Rothman Law Firm is experienced with all kinds of litigation matters including filing a motion for reconsideration.  If you are looking for an experienced New York and New Jersey attorney to handle your lawsuit or other legal issue, please feel free to contact The Rothman Law Firm to request a free consultation.