When you file a motion with the trial court you are asking the court to decide a limited issue, enforce a prior order, or make a change to an existing order. Frequently, judges decide these motions and you may not be happy with the decision. There are a few options.
You can appeal the decision, you can ask for reconsideration of the decision, you can accept the decision, or you can seek to vacate the order. This blog focuses on a motion for reconsideration.
What is Reconsideration?
Reconsideration is a matter within the sound discretion of the Court to be exercised in the interest of justice. Reconsideration should be only be used for those cases in which either: 1) the Court has expressed its decision based upon a palpably incorrect or irrational basis, or 2) it is obvious that the Court either did not consider or failed to appreciate the significance of probative, competent evidence. Additionally, if you obtain information that you didn’t have at the time you filed the first motion, a motion for reconsideration can give the court a chance to consider (or reconsider) the request and take this new information into account.
What is required?
The Court rule under which reconsideration motions can be made is Rule 4:49-2 Motion to Alter or Amend a Judgment or Order. The motion must specifically state the reason for seeking reconsideration and it requires that you provide a legal basis for the request. Generally, this is a legal brief and you must cite to the cases that are specific to the issue raised in your motion. The brief should also tell the judge what law it overlooked and specify the errors made by the judge.
Is there a time limit?
Yes. In fact, it is a quick turnaround. The motion for reconsideration must be served on the court and the other party not more than 20 days after service of the order.
In family law many orders are not final orders and the 20-day time limit specifically applies only to final orders. Frequently attorneys and judges fail to note that the 20-day requirement applies to final orders only, which is important, since a motion asking the court to modify or reconsider a prior interim (or interlocutory) order can be filed at any time. If an order is interlocutory then a motion for reconsideration can be brought at any time prior to the entry of a final order in the case.
Chances of Success
A motion for reconsideration should only be used in specific situations. Essentially, you are telling the judge that she made a mistake and no one wants to be criticized, particularly judges. It is possible that you may have that same judge hearing the case for many years. You want to use discretion in filing motions for reconsideration. It is best to consult with an experienced attorney to determine the best approach. Often if a judge has already entered a ruling, he is unlikely to change it.
If you have received an order on a motion and you are unhappy with the result, contact the experienced attorneys at Baker Legal Group so that we can evaluate whether a motion for reconsideration is appropriate or if you should pursue other options. Contact us for a consultation so that we can evaluate your case.