A Motion for Reconsideration (or Motion for Rehearing) is a request made by a party in a legal case, asking the court to reevaluate and reconsider a prior decision, ruling, or judgment. This motion is typically filed when the party believes the court has made an error, overlooked critical evidence, or there has been a change in the law or circumstances that would affect the outcome of the case. A Motion for Reconsideration serves as an opportunity for the court to correct any potential mistakes or oversights, ensuring a fair and just resolution in light of new information or legal developments.
A Motion for Reconsideration of Summary Judgment is timely under Ark. R. Civ. P. 59(b), when it is filed within ten days after the entry of judgment. (See, e.g., Sargent v. Springer, 2010 Ark. 43, 2.)…)
It is well settled that “Rule 73(b), supra, enumerates the motions which extend the time in which the notice of appeal may be filed beyond sixty days from the entry of judgment. A motion to vacate judgment is not one of the motions enumerated, hence the filing of such motion does not extend the time." (See Spradling v. Rural Fire Protection Company (1975) 23 Ariz. App. 549
Section 1008 of the Code of Civil Procedure provides for reconsideration of court orders. A motion to reconsider is broad in scope and allows any party affected by the order to seek reconsideration and modification, amendment or vacation of prior orders. (Morite of Calif. v. Super. Ct. (1993) 19 Cal.App.4th 485, 490.) The Court has inherent authority to reconsider any of its own rulings on its own motion provided that it…
“Florida Rule of Civil Procedure 1.530 has been consistently construed to authorize rehearings of orders and judgments which are final in nature.” (See Deal v. Deal (2001) 783 So.2d 319, 321.) For example, “[a]n order that dismisses an entire cause of action with prejudice constitutes a final judgment.” (Capone v. Philip Morris United States, Inc. (2013) 116 So. 3d…”
“Summary judgment orders which do not dispose of the entire case are considered interlocutory and remain within the breast of the court until final judgment is entered. They are subject to revision at any time before final judgment unless the court issues an order upon express direction under OCGA § 9-11-54 (b).” (MedTech, Inc. v. Nelson (2017) 797 S.E.2d 923, 925 citing Canoeside Properties v. Livsey (2003) 277 Ga. 425…)
“[I]t is well established that in deciding a motion for summary judgment, the court may draw inferences from the undisputed facts. However, where reasonable persons could draw divergent inferences from the undisputed facts, the issue should be decided by the trier of fact and the motion should be denied.” (Loyola Academy v. S S Roof Maint (1992) 146 Ill. 2d 263…)
Pursuant to MCR 2.119(F)(1), “[u]nless another rule provides a different procedure for reconsideration of a decision (see, e.g., MCR 2.604[A], 2.612), a motion for rehearing or reconsideration of the decision on a motion must be served and filed not later than 21 days after entry of an order deciding the motion.” (Amvent Holdings, LLC v. City of Southfield, No. 329699, at *4-5 [Mich. Ct. App. Mar. 23, 2017] citing MCR 2.119(F)(1).)
It is also well settled that “a motion for reconsideration [has] no legal effect as no Missouri rule provides for such a motion.” (See In re the Carl McDonald Revocable Trust (1997) 942 S.W.2d 926…)
“A motion under N.D.R.Civ.P. 59(j) may be used to ask the court to reconsider its judgment and correct errors of law.” (See Flaten v. Couture (2018) 912 N.W.2d 330…)
“A party may file a motion for reconsideration seeking to alter or amend a judgment or order, as long as the motion state[s] with specificity the basis on which it is made, including a statement of the matters or controlling decisions which counsel believes the court has overlooked or as to which it has erred.” (See Wells Fargo Bank v. Young, No. A-1124-17T2, at *4 (App. Div. Apr. 11, 2019).) “[A] motion for reconsideration is designed to seek review of an order based on the evidence before the court on the initial motion, not to serve as…
“[A] trial court has authority to reconsider its judgment, on motion by a party or on its own motion, provided the court does so within thirty days.” (Matter of Estate of Keeney (1995) 121 N.M. 58…)
“A motion to alter or amend the judgment [must] be filed no later than 10 days after service of written notice of entry of the judgment.” (AA Primo Builders, LLC v. Washington (2010) 245 P.3d 1190, 4 citing NRCP 59(e).)
“In determining whether the trial court properly denied [Appellant’s] motion to reconsider summary judgment, [the reviewing court shall] apply a de novo standard of review. Accordingly, [the reviewing court] afford[s] no deference to the trial court's decision and independently review the record in the light most favorable to…”
“Where a movant has filed a motion to reconsider an order granting summary judgment and the motion is denied, the movant/appellant may not raise issues on appeal which were not previously raised in his or her motion to reconsider.” (See Whitaker v. Hill Nursing Home (2009) 210 P.3d 877…)
“On motion and upon such terms as are just, the court may relieve a party or such party's legal representative from a judgment for the following reasons: (a) mistake, inadvertence, surprise, or excusable neglect[.]” (See Wood v. Fowler Co. (2000) 168 Or. App. 308…)
Note, however, that “[c]ourts have modified and rescinded orders beyond the normal time limits and taken other corrective measures in cases where it would have been inequitable for parties to suffer consequences of the court's errors.” (Jackson v. Hendrick (2000) 560 Pa. 468…)
“Our review of a decision denying a motion to vacate a judgment [pursuant to Rule 60(b)] is limited to examining 'the correctness of the order granting or denying, the motion, not the correctness of the original judgment.” (See Sansone v. Morton Machine Inc. (2008) 957 A.2d 386…)
Rule 49.1 provides "[a] motion for rehearing may be filed within 15 days after the court of appeals' judgment or order is rendered." (Yzaguirre v. Gonzalez (1999) 989 S.W.2d 111, 112-13 quoting Tex. R. App. P. 49.1.) “However, Rule 49.3, entitled ‘Decision on Motion,’ plainly indicates…”
A motion to reconsider is appropriate in the following circumstances: (1) to address an intervening change in controlling law; (2) to consider new evidence not previously available; (3) to correct a clear or manifest error of law or fact; or…
It is well settled that “under CR 59, the trial court may decline to address arguments made for the first time on a motion for reconsideration, as long as the court does not abuse its discretion.” (See Reed v. Brown, Consolidated No. 44151-9-II, at *1 (Wash. Ct. App. Dec. 9, 2014).)
“The trial court has wide discretion when it rules on a motion to vacate a judgment.” (See Eggers v. Cumberland Farmers Union, No. 96-1891, at *1 (Wis. Ct. App. Apr. 22, 1997).)
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