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How-To: Write a Motion for Reconsideration


Background: The judge (in your case) entered a faulty order that was adverse to you
Problem: The order's errors/omissions will impugn the fair administration of justice
Solution: You ask the Court to reconsider its prior order

I. Definitions

Rehearing
a retrial, a new hearing and a new consideration of the case by the court (or other body) in which the suit was originally heard, and upon the pleadings and depositions already in the case.
Vacate
"1. to render void; to set aside; 2. to move out; to render vacant."

II. Legal Citations

Rule 59 Fed. R. Civ. P. | New Trial; Altering or Amending a Judgment
"(e) MOTION TO ALTER OR AMEND A JUDGMENT. A motion to alter or amend a judgment must be filed no later than 28 days after the entry of the judgment."
Rule 1.100 Fla. R. Civ. P. | Pleadings and Motions
"An application to the court for an order must be by motion which must be made in writing unless made during a hearing or trial, must state with particularity the grounds for it, and must set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion. All notices of hearing must specify each motion or other matter to be heard."
Rule 2.330 Fla. R. Jud. Admin. | Disqualification of Trial Judges - Prior Rulings
"Prior factual or legal rulings by a disqualified judge may be reconsidered and vacated or amended by a successor judge based upon a motion for reconsideration, which must be filed within 20 days of the order of disqualification, unless good cause is shown for a delay in moving for reconsideration or other grounds for reconsideration exist."
Rule 8-2 11th Cir. | Motion for Reconsideration
"A motion to reconsider, vacate, or modify an order granting or denying relief under FRAP 8 must be filed within 21 days of the entry of such order. No additional time shall be allowed for mailing."
Rule 18-2 11th Cir. | Motion for Reconsideration
"A motion to reconsider, vacate, or modify an order granting or denying relief under FRAP 18 must be filed within 21 days of the entry of such order. No additional time shall be allowed for mailing."
Rule 27-2 11th Cir. | Motion for Reconsideration
"A motion to reconsider, vacate, or modify an order must be filed within 21 days of the entry of such order. No additional time shall be allowed for mailing."
Rule 27-3 11th Cir. | Motion for Reconsideration Rule 35-4 11th Cir. | Matters Not Considered En Banc
"A petition for rehearing en banc tendered with respect to any of the following orders will not be considered by the court en banc, but will be referred as a motion for reconsideration to the judge or panel that entered the order sought to be reheard..."
28-106.204 FAC | Motions 28-106.211 FAC | Conduct of Proceedings
"The presiding officer before whom a case is pending may issue any orders necessary to effectuate discovery, to prevent delay, and to promote the just, speedy, and inexpensive determination of all aspects of the case, including bifurcating the proceeding."

III. Samples

# PDF Comments
001logoAdobe✓ Granted | 2000 | Dismissal, Discrimination CaseiconPriceTag
002logoAdobe✓ Granted | 2000 | Attorney Filing | Discovery (Rule 1.340 Fla. R. Civ. P.)iconPriceTag
003logoAdobe✓ Granted | 2001 | Attorney Filing | Prehearing Procedures, Discovery, MisrepresentationiconPriceTag
004logoAdobe✓ Granted | 2006 | Pro Se Filing | IndigenceiconPriceTag
005logoAdobe✓ Granted | 2006 | Attorney Filing | Continuance, Discovery, Initial Order, Trial LengthiconPriceTag
006logoAdobe✓ Granted | 2007 | Attorney Filing | Certificate of ServiceiconPriceTag
007logoAdobe✓ Granted | 2008 | Attorney Filing | Stay | Stare DecisisiconPriceTag
008logoAdobe✓ Granted | 2009 | Attorney Filing | Expert's Report, Stipulation, Hearsay, Trial-by-AmbushiconPriceTag
009logoAdobe✓ Granted | 2012 | Attorney Filing | Continuance | Need more time for discoveryiconPriceTag
# PDF Comments
101logoAdobex Denied | 2015 | Attorney Filing | Oral ArgumenticonPriceTag
102logoAdobex Denied | 2016 | Attorney Filing | Oral Argument, Attorney FeesiconPriceTag
103logoAdobex Denied | 2016 | (Pro Se) Attorney Filing | Oral ArgumenticonPriceTag
# PDF Comments
201logoAdobeGranted | 2007 | Attorney Filing | Clear Error | Detention Request, Bail ReformiconPriceTag
202logoAdobex Denied | 2007 | Attorney Filing | Bail, Detention RequesticonPriceTag
203logoAdobex Denied | 2007 | Attorney Filing | Bail, ReleaseiconPriceTag
204logoAdobex Denied | 2006 | Attorney Filing | Materiality of Evidence, Taxes, Sentencing GuidelinesiconPriceTag
205logoAdobe✓ Granted | 2007 | Attorney Filing | Prisoner Abuse, Exhaust Administrative remediesiconPriceTag
206logoAdobe✓ Granted | 2007 | Attorney Filing | Copyright Infringement, Default JudgmenticonPriceTag


IV. Templates

# Link Comments
1iconMSWordTBD's Template | Replace all placeholder tags with real data (eg "[plfName]" becomes "John Doe").iconPriceTag


V. Application

  • Authority: (for reconsidering orders)
    "[a] district court has the inherent power to reconsider and modify its interlocutory orders prior to the entry of judgment, whether they be oral, or written, and there is no provision in the rules or any statute that is inconsistent with this power"

    "whether the case sub judice be civil or criminal[,] so long as the district court has jurisdiction over the case, it possesses inherent power over interlocutory orders, and can reconsider them when it is consonant with justice to do so"

    "This Court recognizes that it can reconsider its orders for good cause, or when it is consistent with justice to do so(.)"

  • Factors:
    "Thus, those decisions may not usually be changed unless there is "an intervening change of controlling law, the availability of new evidence, or the need to correct a clear error or prevent a manifest injustice."
    1. Intervening Change of Law;
    2. Newsly Discovered Evidence; or
    3. Clear Error of Law/Fact creating a Manifest Injustice
  • Criminal Cases Borrow Civil Rules: (regarding reconsideration)
    "However, as other courts have held, the standard for reconsideration motions in criminal cases must look to the civil rules and, in particular, Federal Rule of Civil Procedure 59 by analogy."

  • Sparingly Granted:
    "[reconsideration of a previous order is an] extraordinary remedy to be employed sparingly in the interests of finality and conservation of judicial resources."

    "[Nor is a motion for reconsideration intended to be a vehicle] for a party dissatisfied with a court’s ruling to advance new theories that the movant failed to advance in connection with the underlying motion, []or to secure a rehearing on the merits with regard to issues already decided.” Demosthene, 326 F.Supp.2d at 534."

  • Avoid Re-arguing:
    "[W]here litigants have once battled for the court's decision, they should neither be required, nor without good reason permitted, to battle for it again."

    "Linet however cannot use a Rule 59(e) motion to relitigate old matters, raise argument or present evidence that could have been raised prior to the entry of judgment."

VI. Quick Commentary

  • Motions for Reconsideration are closely related to Motions for Relief from Judgment (see Rule 59 Fed. R. Civ. P., Rule 57 Fed. R. Crim. P.)
  • Please download as many sample documents as you'd like
    • Contact TBD for more free samples
  • Also, feel free to use the templates (see Part III - above) to help draft your 'Motion for Reconsideration'
  • Save the final version as a PDF file.
  • File it in court (or at DOAH)

VII. Additional Resources

VIII. Bibliography

IX. Conclusion

A Motion for Reconsideration might help you prevent an erroneous order from turning into a manifest injustice.

With the use of the templates (as well as the samples above), you can more easily ask your court to reconsider its prior order.

...POINTS & THINGS...

Congratulations! You're now booked up on how to write a Motion for Reconsideration!

Please get the justice you deserve.

Sincerely,



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Samples: Motions for Reconsideration Template: Motion for Reconsideration
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iconWebsite
TBD Marketplace™

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Buy™

buy real-live sample court documents/templates

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Sell™

sell your court documents/templates

(earn 1,000 Book Points™ per file)

Shop™ Now

enter the TBD Marketplace™

to help your fellow man/woman

get the justice that he/she deserves!

Buy™Sell™Shop™
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