We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.
Finance

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

What is a Motion to Reconsider?

By Mona D. Rigdon
Updated: May 17, 2024
Views: 38,368
Share

In the legal system, a motion is the vehicle by which a party puts a request before the court. There are many types of motions. After a motion has been heard and a judge has issued a ruling or a case has been tried in court, a motion to reconsider might be made by the unsuccessful party. A motion to reconsider asks the judge to reconsider a ruling he or she has made, to withdraw it and to issue a new ruling. The motion generally states particularly which issues the judge has misunderstood or on which issues the judge might have deviated from the law, and it cites statutory and case law as well as an argument in brief on the merits of the motion.

Case law exists that explains when a motion to reconsider is proper. This type of motion should be filed in attempts to correct manifest errors of fact or law, present new evidence not available during trial or correct a situation where the court significantly misunderstood a party or made a decision outside the scope of the issues presented by the parties. Other instances when the motion would be proper include significant changes in the law since the case was submitted to the court.

Motions to reconsider might arise in all areas of the legal system. An example that shows the path to this motion starts with a hypothetical civil case in the United States. The plaintiff, or person bringing the lawsuit against another party, files a case in federal court against his neighbor for blocking the creek that used to run through the pastures of both landowners. The alleged damages are less than the jurisdictional limits of the federal court, so the defendant, or person answering the charges, files a motion to remand the case to state court. Legal counsel for the plaintiff responds to the motion and says that because their property is in different states, a question of diversity exists, and federal court is the proper forum. After consideration, the judge rules to leave the case in federal court, because neither state has proper jurisdiction.

Although it sounds simple and decided on the surface, another issue exists. The defendant files a motion to reconsider. The motion asks the judge to withdraw his order remanding the case to state court and issue a new order that clarifies that the case will be heard in federal court. This motion, the defendant alleges, is proper based on the fact that part of the plaintiff's property lies in another state, but the majority of the property, including the plaintiff's residence, lies within the same state as the defendant's property and residence. Although the judge's initial decision seemed proper on the surface, given the additional information, there was another dimension to consider.

In cases such as the example cited, a hearing might be held in front of the judge to allow both parties to give oral arguments and to present physical evidence to the judge for consideration. With a case such as this, the judge might review deeds, surveys or other official documents that relate to the location of the land. After considering the new allegations, arguments and evidence, the judge would make a ruling to affirm his or her original decision or withdraw it and issue a new order. Many times, an unsuccessful motion to reconsider leads to a notice of appeal, and a higher court determines whether the judge was within his or her authority and within the law to rule as he or she did.

Share
WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Editors' Picks

Discussion Comments
By anon1005215 — On Jul 13, 2021

I had a small claims case that was given to a retired judge who was filling in for a seat while a new judge was assigned. The retired judge denied it. Can I submit a motion to reconsider with the newly appointed judge for that division?

By momneedshope — On Sep 22, 2013

If a reconsideration of sentence is granted and the inmate accepts reduction of sentence, can the case still be brought before the court of appeals?

By anon294258 — On Sep 30, 2012

Could anyone please cite the law that gives the right to file a motion to reconsider?

By anon251515 — On Mar 01, 2012

Why do they say this after the house of representatives passed it by yeas and nays?

Share
https://www.wisegeek.net/what-is-a-motion-to-reconsider.htm
Copy this link
WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.