A motion to reconsider, often used in legal proceedings and meetings, is a formal request made by a party to an authority, typically a court or assembly, to reconsider a previously made decision. This motion is closely related to motions to vacate, set aside, and amend judgments, as all of these motions seek to alter or reverse a prior ruling or action.
What is a Motion to Reconsider?
A motion to reconsider is a request to the court to change a decision that has already been made. It can only be made by a party to the case and must be filed within a certain time frame, usually 10 days. The motion must state the specific decision that is being reconsidered and the grounds for reconsideration.
Grounds for Reconsideration
The most common grounds for reconsideration are:
- New evidence: New evidence that was not available at the time of the original decision.
- Clerical error: A mistake made by the court in entering the decision.
- Mistake of law: A legal error made by the court.
- Newly discovered facts: Facts that were not known to the party at the time of the original decision.
Procedure for Filing a Motion to Reconsider
To file a motion to reconsider, you must:
- File a written motion with the court.
- Serve the motion on all other parties to the case.
- File a certificate of service with the court.
Response to a Motion to Reconsider
The other parties to the case have the right to file a response to the motion to reconsider. The response must be filed within a certain time frame, usually 10 days. The response can argue that the motion should be denied.
Decision on the Motion to Reconsider
The court will review the motion to reconsider and the response. The court may grant or deny the motion. If the motion is granted, the court will issue a new decision. If the motion is denied, the original decision will stand.
Table of Grounds for Reconsideration
| Ground | Description |
|---|---|
| New evidence | New evidence that was not available at the time of the original decision. |
| Clerical error | A mistake made by the court in entering the decision. |
| Mistake of law | A legal error made by the court. |
| Newly discovered facts | Facts that were not known to the party at the time of the original decision. |
Question 1:
What is a motion to reconsider?
Answer:
– A motion to reconsider is a motion made in a legislative assembly or other deliberative body to reconsider a vote that has already been taken.
– The purpose of a motion to reconsider is to allow the assembly to reconsider its decision and potentially change the outcome of the vote.
– A motion to reconsider must be made by a member of the assembly who voted on the prevailing side of the original vote.
Question 2:
What are the grounds for a motion to reconsider?
Answer:
– The grounds for a motion to reconsider vary depending on the rules of the assembly.
– Common grounds include:
– New evidence has come to light that was not available at the time of the original vote.
– There was a procedural error in the original vote.
– The original vote was the result of fraud or coercion.
Question 3:
What is the process for a motion to reconsider?
Answer:
– The process for a motion to reconsider also varies depending on the rules of the assembly.
– Generally, a motion to reconsider must be made within a specific period of time after the original vote.
– The motion must be seconded by another member of the assembly.
– The assembly will then vote on the motion to reconsider.
– If the motion to reconsider passes, the assembly will then reconsider the original vote.
Well, there you have it, folks! Hopefully, this little deep dive into the world of motions to reconsider has been helpful. If you’re facing a legal issue and need more info, don’t hesitate to seek professional legal advice. In the meantime, thanks for hanging out with me today. Keep an eye out for more legal tidbits coming your way soon. Until next time, stay curious and informed!