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What is a Motion for Revision? A Comprehensive Legal Overview
Definition & Meaning
A motion for revision is a formal request to a court to modify an existing order or ruling. Unlike a motion for reconsideration, which seeks a new order or decision, a motion for revision focuses solely on making changes to the original order. This type of motion is often used when a party believes that the court's previous ruling contains errors or needs adjustments to better reflect the facts of the case.
Table of content
Legal Use & context
In legal practice, a motion for revision is commonly used in various areas, including civil, family, and administrative law. It serves as a mechanism for parties to address perceived mistakes or oversights in court orders. Users can often manage the process themselves with the appropriate legal forms, such as those provided by US Legal Forms, which are drafted by experienced attorneys to ensure compliance with legal standards.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A parent may file a motion for revision to modify a child custody order due to a change in circumstances, such as a job relocation or changes in the child's needs.
Example 2: A business may submit a motion for revision to adjust a court's ruling on a contract dispute, arguing that new evidence has emerged that warrants a change in the original decision. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Specifics
California
Allows motions for revision to be filed within a specific time frame after the order is issued.
Texas
Requires that the motion for revision be accompanied by a detailed explanation of the changes sought.
New York
Permits revisions only under limited circumstances, often requiring a showing of new evidence.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Difference
Motion for Revision
A request to change an existing order.
Seeks to modify rather than replace the order.
Motion for Reconsideration
A request for the court to review and potentially issue a new order.
Seeks a new decision rather than changes to the existing one.
Common misunderstandings
What to do if this term applies to you
If you believe a court order needs to be revised, consider the following steps:
Review the original order and identify the specific changes you want to request.
Gather any supporting evidence or documentation that justifies your request.
Consult local court rules to ensure you follow the correct procedures for filing a motion for revision.
You can use US Legal Forms to find templates that can simplify the process.
If the situation is complex, it may be beneficial to seek advice from a legal professional.
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