Motion for reconsideration

Definition

A motion for reconsideration is a request made to a court to review and change its previous decision based on new evidence, changes in law, or errors in the original ruling. This legal mechanism allows parties to seek a second chance if they believe the court's earlier decision was incorrect or unjust. It plays an important role in ensuring fairness and accuracy in judicial proceedings by allowing for corrections before the case progresses further, especially in appellate procedures.

5 Must Know Facts For Your Next Test

1. A motion for reconsideration must typically be filed within a specific timeframe set by court rules, often within 10 to 30 days after the original ruling.
2. The grounds for filing a motion for reconsideration include newly discovered evidence, an intervening change in law, or demonstrating that the court made an error in its original decision.
3. The judge has discretion over whether to grant the motion, and it may not be used as a means to simply reargue issues already considered.
4. If granted, the motion can lead to a revised judgment or order, potentially altering the outcome of the case without needing to appeal.
5. The success rate of motions for reconsideration is generally low, as courts are often reluctant to disturb their prior rulings unless compelling reasons are presented.

Review Questions

• What are the main grounds for filing a motion for reconsideration, and how do they ensure judicial accuracy?
  • The main grounds for filing a motion for reconsideration include newly discovered evidence, changes in law, or errors made in the original ruling. These grounds are crucial because they help ensure that decisions reflect current legal standards and accurate facts. By allowing parties to present new information or clarify misunderstandings, motions for reconsideration support fairness in judicial outcomes and help prevent unjust results from being finalized.
• Analyze how the process of filing a motion for reconsideration differs from appealing a court's decision.
  • Filing a motion for reconsideration is an internal request to the same court that issued the original ruling, whereas an appeal involves taking the case to a higher court. The motion seeks correction based on specific errors or new evidence while an appeal generally addresses broader issues of law and application. Additionally, motions for reconsideration often have stricter deadlines and are evaluated under different standards than appeals, which can make them less formal yet more challenging to succeed in.
• Evaluate the impact of motions for reconsideration on appellate procedure and overall judicial efficiency.
  • Motions for reconsideration can significantly influence appellate procedures by potentially reducing the number of cases that reach higher courts. By allowing judges to correct mistakes or address new evidence at an earlier stage, these motions can streamline litigation and prevent lengthy appeals based on unresolved issues. However, if overused, they might also contribute to delays and inefficiencies in the judicial process, as courts spend time re-evaluating their previous decisions instead of moving forward with cases. Balancing this tool's utility against its potential to bog down the system is essential for maintaining judicial efficiency.

Related terms

Appeal:

A formal request to a higher court to review and change the decision of a lower court.

Judgment: The official decision made by a court regarding the rights and obligations of the parties involved in a legal dispute.

Newly Discovered Evidence: Evidence that was not available during the original trial that may impact the outcome of the case.