Motion for Reconsideration

A motion for reconsideration (also called a motion to revisit, motion to reexamine, or simply a reconsideration) is a procedural request that asks a court, tribunal, or administrative body to review an earlier decision. The motion does not constitute a new case; instead, it urges the same decisionmaking authority to reconsider its ruling based on specific grounds such as error, new evidence, or misapplication of law.

When Is a Motion for Reconsideration Appropriate?

Before filing a motion for reconsideration, the moving party should verify that the jurisdiction permits such a request and that the timing requirements are met. Typical scenarios include:

• Clear error of fact or law: The original decision rests on an inaccurate fact or an incorrect legal principle.
• Newly discovered evidence: Evidence that was not available at the time of the original hearing and could not have been obtained with reasonable diligence.
• Procedural irregularities: Failure to follow required procedural steps, such as improper service or lack of notice.
• Inconsistent rulings: The decision conflicts with prior rulings of the same court or with controlling precedent.

Key Elements of a Successful Motion

1. Precise Ground(s) for Reconsideration

The motion must identify a concrete and specific ground. Vague statements like the decision was unfair are insufficient. Commonly accepted grounds are:

• Misstatement of facts
• Misapplication of a controlling rule of law
• New evidence that would likely change the outcome
• Procedural defect that prejudiced the moving party

2. Timeliness

Most jurisdictions impose strict deadlinesoften within 10 to 30 days after service of the judgment or order. Some courts provide a withinreasonabletime standard, but arguing that the motion is untimely is a common basis for denial.

3. Supporting Documentation

Attach all material that proves the asserted ground. For a newevidence motion, include the evidence itself, an affidavit explaining why it was unavailable earlier, and a brief showing how the evidence impacts the result.

4. Concise Argument

Courts favor succinct, wellstructured arguments. A typical motion includes:

• Statement of the relief sought
• Background of the original proceeding
• Specific ground(s) for reconsideration
• Legal authority supporting the motion
• Conclusion and prayer for relief

Procedural Steps

1. Review Local Rules: Verify the specific form, page limit, and filing method required by the court.
2. Draft the Motion: Follow the format outlined above and cite relevant statutes or case law.
3. Serve the Motion: Provide a copy to the opposing party in accordance with service rules.
4. File Proof of Service: Submit an affidavit or electronic proof confirming proper service.
5. Oral Argument (if required): Some courts schedule a hearing; be prepared to answer questions succinctly.
6. Await Ruling: The court may grant, deny, or modify the original decision. In many jurisdictions, a denial of the motion is appealeligible.

Common Pitfalls to Avoid

• Missed Deadline: A late filing is usually fatal, unless excused for good cause.
• Improper Grounds: Trying to relitigate the entire case rather than focusing on error or new evidence.
• Insufficient Evidence: Submitting new documents without a clear explanation of why they were unavailable.
• Overly Lengthy Submissions: Courts may strike excessive portions; keep the motion within the prescribed page limit.
• Failure to Follow Local Formatting Rules: Incorrect margins, font size, or missing certifications can cause a dismissal.

Effect of a Granted Motion

If the court grants the motion, it may:

• Vacate or modify the original judgment.
• Order a new hearing or trial on the specific issues identified.
• Remand the case to a lower court for further proceedings.

The order may be final, or the opposing party may be permitted to appeal the reconsideration decision.

Sample Outline of a Motion for Reconsideration

[Caption  Court, Parties, Case No.]MOTION FOR RECONSIDERATIONCOMES NOW, Plaintiff, pursuant to Rule ___, and respectfully moves this Honorable Court to reconsider its Order dated ___, on the following grounds:1.  ERROR OF LAW  The Court applied ___ instead of controlling precedent ___.2.  NEW EVIDENCE  Attached as Exhibit A is a certified copy of a contract discovered after the trial, which was not in the possession of Plaintiff until ___.3.  PROCEDURAL DEFECT  The Defendant was not given proper notice of the hearing on ___, violating ___ Rule.LEGAL SUPPORT[Insert short citations to statutes and cases.]CONCLUSIONFor the foregoing reasons, Plaintiff requests that the Court vacate the impugned Order and grant a new hearing.Respectfully submitted,[Signature, Name, Address, Bar Number]Date: ___    

Resources for Further Study

• Cornell Legal Information Institute Overview of motions and procedural rules.
• U.S. Courts Local Rules & Forms.
• Relevant case law: United States v. Hall, 232 F.3d 1207 (Fed. Cir. 2000) (reconsideration of judgment); Hutchinson v. Martin, 115 S.W.3d 265 (Tex. App. 2003) (new evidence standard).

Understanding when and how to file a motion for reconsideration can preserve a partys rights without the expense of a full appeal. By adhering to procedural requirements, clearly stating the grounds, and supplying strong supporting evidence, litigants increase the likelihood of a favorable reconsideration.