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
II. Legal Citations
III. Samples
# | Comments | ₧ | |
---|---|---|---|
001 | ![]() | ✓ Granted | 2000 | | ![]() |
002 | ![]() | ✓ Granted | 2000 | Attorney Filing | Discovery (Rule 1.340 Fla. R. Civ. P.) | ![]() |
003 | ![]() | ✓ Granted | 2001 | Attorney Filing | Prehearing Procedures, Discovery, Misrepresentation | ![]() |
004 | ![]() | ✓ Granted | 2006 | Pro Se Filing | Indigence | ![]() |
005 | ![]() | ✓ Granted | 2006 | Attorney Filing | Continuance, Discovery, Initial Order, Trial Length | ![]() |
006 | ![]() | ✓ Granted | 2007 | Attorney Filing | Certificate of Service | ![]() |
007 | ![]() | ✓ Granted | 2008 | Attorney Filing | Stay | Stare Decisis | ![]() |
008 | ![]() | ✓ Granted | 2009 | Attorney Filing | Expert's Report, Stipulation, Hearsay, Trial-by-Ambush | ![]() |
009 | ![]() | ✓ Granted | 2012 | Attorney Filing | Continuance | Need more time for discovery | ![]() |
# | Comments | ₧ | |
---|---|---|---|
101 | ![]() | x Denied | 2015 | Attorney Filing | Oral Argument | ![]() |
102 | ![]() | x Denied | 2016 | Attorney Filing | Oral Argument, Attorney Fees | ![]() |
103 | ![]() | x Denied | 2016 | (Pro Se) Attorney Filing | Oral Argument | ![]() |
# | Comments | ₧ | |
---|---|---|---|
201 | ![]() | ✓ Granted | 2007 | Attorney Filing | Clear Error | Detention Request, Bail Reform | ![]() |
202 | ![]() | x Denied | 2007 | Attorney Filing | Bail, Detention Request | ![]() |
203 | ![]() | x Denied | 2007 | Attorney Filing | Bail, Release | ![]() |
204 | ![]() | x Denied | 2006 | Attorney Filing | Materiality of Evidence, Taxes, Sentencing Guidelines | ![]() |
205 | ![]() | ✓ Granted | 2007 | Attorney Filing | Prisoner Abuse, Exhaust Administrative remedies | ![]() |
206 | ![]() | ✓ Granted | 2007 | Attorney Filing | Copyright Infringement, Default Judgment | ![]() |
IV. Templates
# | Link | Comments | ₧ |
---|---|---|---|
1 | ![]() | TBD's Template | Replace all placeholder tags with real data (eg "[plfName]" becomes "John Doe"). | ![]() |
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."
- Intervening Change of Law;
- Newsly Discovered Evidence; or
- 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
- Rule 46 Fed. R. Civ. P. Objecting to a Ruling or Order
- Rule 59 Fed. R. Civ. P. New Trial; Altering or Amending Judgment
- Rule 60 Fed. R. Civ. P. Relief from a Judgment or Order
- Rule 72 Fed. R. Civ. P. Magistrate Judges: Pretrial Order
- Federal Practice and Procedure § 2651 (4th ed. 2019),
- Charles Alan Wright, Arthur R. Miller, et al.
- Reading List: Motions for Reconsideration
VIII. Bibliography
- Color Tile v Coopers, 322 F.3d 147 (2d Cir. 2003)
- Linet v Wellington, 408 F.3d 757 (11th Cir. 2005)
- USA v Clark, 984 F.2d 31 (2d Cir. 1993)
- USA v Demosthene, 326 F.Supp. 531 (USNYSD 2004)
- USA v Jerry, 487 F.2d 600 (3d Cir. 1973)
- USA v LoRusso, 695 F.2d 45 (2d Cir. 1982)
- USA v Reyes, 1993 WL 8775 (USNYWD)
- Zdanok v Glidden, 327 F.2d 944 (2d Cir.)
IX. Conclusion
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...
Please get the justice you deserve.
Sincerely,
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