A motion to reconsider is a formal request made to a court or decision-making body to review and change a previous ruling or decision. This type of motion is typically filed after a decision has been made and is often seen as a step before an appeal. It allows the party to highlight specific points of law or fact that they believe the court may have overlooked or misunderstood.
This term is commonly used in various legal contexts, including civil, criminal, and administrative law. A motion to reconsider can be a critical part of the appellate process, as it allows parties to contest decisions before escalating the matter to a higher court. Users can often manage this process themselves with the right legal templates, such as those provided by US Legal Forms, which are drafted by experienced attorneys.
Here are a couple of examples of abatement:
(hypothetical example) A defendant in a criminal case receives a ruling denying their motion to suppress evidence. They believe the judge misunderstood a critical legal precedent. Within 20 days, they file a motion to reconsider, arguing that the court overlooked this precedent and providing supporting legal arguments.
Examples of state differences (not exhaustive):
| State | Filing Deadline | Applicable Decisions |
|---|---|---|
| California | 15 days | Judicial decisions, administrative rulings |
| New York | 30 days | Final judgments, orders |
| Texas | 20 days | Final judgments, certain motions |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Motion to Reconsider | A request to review and change a previous decision. | Focuses on specific points overlooked in the original ruling. |
| Appeal | A request to a higher court to review a lower court's decision. | Involves broader review and is typically filed after a motion to reconsider. |
| Motion for New Trial | A request for a new trial based on errors in the original trial. | Seeks a completely new trial rather than a review of the existing decision. |
If you believe a court has made an error in its decision, consider filing a motion to reconsider. Ensure you do so within the required timeframe and follow the proper procedures. Utilizing legal templates from US Legal Forms can simplify this process, but if your situation is complex, consulting a legal professional is advisable.
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It allows a party to ask the court to review and potentially change its previous decision based on overlooked facts or legal points.