Motions for reconsideration, on the other hand, apply to non-final, interlocutory orders prior to final judgment. They are filed pursuant to Florida Rule of Civil Procedure 1.530 because they “only apply to final judgments and ‘those orders that partake of the character of a final judgment, i.e., orders that complete the judicial labor on a portion of the cause.’” Seigler v. Motions for rehearing apply to final judgments. Not understanding the difference between a motion for rehearing and motion for reconsideration can result in an untimely appeal. A motion for a rehearing is distinct from a motion for reconsideration and this distinction is key. If you think your case has solid grounds that support a Motion for Reconsideration, go ahead – it may help you win the war.Motions titled rehearing and reconsideration are routinely used interchangeably, as if there is no difference between the name “rehearing” and the name “reconsideration. You just need to convince the court that new developments, accurate law or a correct view of the facts justify a new ruling. You don’t have to pay fresh filing fees or submit records to overcome the wrong decision. One of the advantages of going in for a Motion for reconsideration is that it acts as a cost effective appeal. However, remember to keep your tone neutral and not appear to be critical or argumentative in nature.
#SAMPLE MOTION FOR RECONSIDERATION TRIAL#
Permitting a trial court to correct any mistakes prior to entry of final judgment serves the interests of judicial economy and the rules for reconsideration fulfills the same. Where evidence is not newly discovered, it may not be submitted in support of a Motion for Reconsideration.Īpart from the above, urge the policy of judicial economy to the court. It should never be a medium to put forward additional arguments that could have been made but neglected to make before judgment. It’s important to remember that a Motion for reconsideration is not an opportunity to re-litigate already decided issues. The motion should specifically include the controlling cases or legal errors that the attorney believes the court has overlooked or erred. The need to correct a clear error of law or to prevent manifest injustice.An intervening change in controlling law or.The availability of new evidence not previously available.Generally a Motion for Reconsideration is filed under three grounds: Cite the specific grounds that best apply to your situation. Therefore, you need to have solid grounds for evoking the motion. Trial courts generally do not prefer too many motions for reconsideration in their dockets. Articulate precisely and economically the grounds for reconsideration. The strategy for a motion to reconsider needs precision and swiftness. The standard 10-day filing timeline is short and concrete therefore, if you need a transcript to support your motion, you will need to expedite service as quickly as possible.
Generally, the timeline for filing a Motion for Reconsideration is short and therefore you need to act quickly. However, attorneys should not be concerned with the odds for success if they have reasonable grounds for the motion.Īs with other motions, time is of the essence in a Motion for Reconsideration.
#SAMPLE MOTION FOR RECONSIDERATION FREE#
In the interest of finality, Motions for Reconsideration are granted sparingly because parties should normally not be free to re-litigate issues a court has already decided.
Motion for Reconsiderations, although an essential litigation tool, are very difficult to win.
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