What is a motion for reconsideration?
A motion for reconsideration is a legal request that allows you to ask the judge to reconsider his/her ruling based on facts or evidence that weren’t brought up at the original hearing. Depending on your state’s laws, a motion for reconsideration may be an option in situations:
- where you are not satisfied with the judge’s order and believe the judge did not consider or properly examine certain evidence; or
- new evidence is available that you were not able to present before the judge made a decision.
When do I file a motion for reconsideration?
The deadline to file will be a certain period of time after the judge has issued the order that you would like to have reconsidered or after you are served with the order, often between 14 and 30 days. You may want to speak with a lawyer in your state about the time line to file a motion.
What will a judge consider in a motion for reconsideration?
The exact factors a judge will consider when deciding on whether to grant your motion for reconsideration will depend on your state’s laws. Generally, a judge will consider factors such as whether:
- there is new evidence that is significant to the legal issue and was not available when the case ended despite your best efforts to get that evidence;
- the final decision was made after an incorrect interpretation of the law or the law has changed since the judge made his/her final decision; and
- denying the motion for consideration will result in an obvious injustice.
These are general examples of what a judge may consider and may not be the specific factors in your state. You will want to contact a lawyer to find out what state laws apply to your situation.