What is a motion for reconsideration?
A motion for reconsideration asks the court that issued a ruling to review and potentially change its own decision, typically based on a claimed legal error, newly discovered evidence, or a significant change in circumstances. It is generally filed with the same trial court shortly after the ruling, before pursuing an appeal to a higher court. Courts grant these motions sparingly, since they are not meant to simply relitigate arguments already considered.
When a Motion for Reconsideration Is Used
A party typically files a motion for reconsideration after receiving an unfavorable ruling on a motion, judgment, or order, when they believe the court made a clear error or overlooked something important in reaching its decision.
This tool is generally used sparingly, since courts expect litigants to raise all relevant arguments and evidence the first time, rather than saving points for a later reconsideration attempt.
Common Grounds Courts Will Consider
Courts typically look favorably on reconsideration requests based on newly discovered evidence that genuinely was not available earlier despite reasonable diligence, since this evidence could not have been presented the first time around.
Other accepted grounds often include a clear legal or factual error in the original ruling, or an intervening change in the controlling law that occurred after the original decision was made.
How It Differs from an Appeal
A motion for reconsideration stays within the same trial court and asks that same judge to revisit the decision, generally making it a faster and narrower process than an appeal.
An appeal, by contrast, goes to a higher court and typically involves a broader review of the trial court's record for legal error, rather than simply asking the original judge to reconsider.
Strategic Considerations and Timing
Motions for reconsideration are usually subject to strict, often short deadlines, so a party considering this option needs to act quickly after receiving the ruling they want to challenge.
Filing a motion for reconsideration can also affect the deadline to file an appeal, depending on the jurisdiction's rules, making it important to track both timelines carefully to avoid losing appellate rights.
- How often are motions for reconsideration granted?
- They are granted relatively rarely, since courts generally expect a genuine showing of error or new evidence rather than a restatement of arguments already considered.
- Does filing a motion for reconsideration delay an appeal?
- It can affect appeal deadlines depending on the jurisdiction's rules, so it's important to track both timelines carefully when deciding how to proceed.
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