What legal grounds justify a motion to reconsider?

Typical grounds include clear error of law or fact, newly discovered evidence, or intervening controlling authority. In federal court, FRCP 59(e) and 60(b) are common bases; state courts use analogous rules. Support assertions with citations and admissible evidence.

How long to file after order entry?

Deadlines vary. Federal Rule 59(e) requires filing within 28 days of judgment entry; Rule 60(b) requires a reasonable time and, for certain grounds, may be limited to one year. State deadlines differ—check local rules and statutes.

Can I use e-signatures for the motion?

Electronic signatures and e-filing are widely accepted, but courts differ. ESIGN (15 U.S.C. §7001) and UETA support enforceability of e-signatures; check local court rules and any required consumer disclosures before relying on electronic signature methods.

What if I miss the deadline?

Missing a filing deadline risks denial, waiver of issues, or the need to seek relief under Rule 60(b) for excusable neglect. Promptly consult counsel to evaluate available remedies and any applicable equitable doctrines such as tolling or excusable neglect.

What exhibits should I attach?

Attach the challenged order, related docket entries, supporting affidavits or declarations, and any newly discovered evidence. Include a concise exhibit index and ensure each exhibit is properly labeled and paginated for quick judicial review.

Do I need to notarize the motion?

Typically, the motion itself does not require notarization, but affidavits or declarations included as exhibits may need to be notarized or sworn under penalty of perjury, depending on the jurisdiction and the type of evidence submitted.

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Motion to Reconsider Order

Motion to Reconsider Order

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

What a Motion to Reconsider Order Is and Where It Fits

A Motion to Reconsider Order is a court filing asking a judge to review and change a prior order or judgment based on new facts, law, or clear error. In federal practice, relief commonly proceeds under Federal Rules of Civil Procedure 59(e) to alter or amend a judgment, or 60(b) for relief from a final order; states use comparable rules or statutes. The motion must identify grounds, cite authority, and propose the modification sought. Procedural timing and content vary by jurisdiction and local court rules.

Why Filing a Motion to Reconsider Order Can Matter

A properly framed motion can correct clear errors, introduce newly discovered evidence, or bring intervening authority to the judge's attention. It can preserve issues for appeal, avoid unnecessary appeals, and possibly secure a narrower or more favorable disposition without relitigating the entire case.

Who Prepares and Files These Motions

Typical parties who prepare or file Motions to Reconsider Order include private attorneys, pro se litigants, government counsel, and in-house legal teams.

Representing attorneys — craft legal arguments, cite authority, and manage filing deadlines.
Pro se litigants — must follow local rules and may request filings without counsel.
Agencies or corporations — internal counsel seek reconsideration to avoid appeal and preserve outcomes.

Who Signs and Submits the Motion

Lead Counsel

Lead counsel prepares the Motion to Reconsider Order to correct legal errors or present new evidence, ensures compliance with court rules, files supporting affidavits or exhibits, and typically handles service and follow-up including proposed order and certificate of service.

Pro Se

A pro se litigant must follow the same procedural requirements, clearly state the legal basis for reconsideration, attach necessary evidence, and verify filing deadlines; courts may apply stricter scrutiny to filings lacking formal counsel representation.

Required Case Details and Core Fields

Case Caption: Names of parties in full.

Case Number: Docket number assigned by court.

Court Name: Full court title and division.

Movant Name: Person or entity filing motion.

Relief Requested: Specific order modification requested.

Certificate of Service: Proof of how parties were served.

Immediate Risks and Consequences of Errors

Possible Denial: Motion may be denied.

Sanctions Risk: Frivolous filings risk sanctions.

Waiver of Issues: Untimely filing may waive issues.

Appeal Impact: Failure may affect appellate rights.

Document Rejection: Noncompliance can lead to rejection.

Evidence Limits: New evidence may be excluded.

Common Preparation Mistakes to Avoid

Missing jurisdictional citation or failing to identify the specific order and date can cause a motion to be dismissed as procedurally defective.
Submitting unsigned affidavits, unstapled exhibits, or unclear certificates of service often triggers clerk rejection or gives opposing counsel grounds to oppose the motion.
Relying on arguments already raised without presenting new law or facts may be treated as an improper reargument rather than a valid reconsideration.
Failing to meet local formatting rules, page limits, or service methods risks waiver and may forfeit the court's review of substantive issues.

Step-by-Step: Drafting and Filing a Motion to Reconsider Order

Follow these steps to prepare and file a Motion to Reconsider Order properly in federal or state court.

01

Identify Order: Note the order date and docket entry.
02

Grounds: State legal or factual basis for reconsideration.
03

Support: Attach affidavits, exhibits, and citation list.
04

File & Serve: File per local rules and serve all parties.

How the Filing Process Typically Flows

Typical route for a Motion to Reconsider Order: draft, submit with evidence, transmit to court clerk, and notify opposing parties.

Draft: Prepare motion, legal brief, and proposed order.
File: E-file or deliver to clerk per local rules.
Serve: Provide proof of service to court docket.
Upload: Submit electronic copy and certificate of service.

Digital Filing and eSignature Requirements

Digital filing and e-signature reduce delays; ensure the platform supports required formats, authentication, and retains audit trails.

File Formats: PDF and DOCX accepted.
Integrations: Salesforce, NetSuite, Google Workspace.
Authentication: Email, SMS, or advanced methods.

Configuring an Online Template for the Motion

Configure your online template to capture required fields, attachments, and signer details before submitting the motion.

Field	Configuration
Caption Field	Auto-fill party names from case metadata.
Date Field	Use MM/DD/YYYY format and auto-validate.
Attachment	Attach exhibit PDFs and declarations.
Signature	Require all signers to e-sign with audit trail.
Service	Generate certificate of service automatically.

Key Deadlines and Timing to Monitor

Deadlines and timing vary by court; federal rules provide commonly used benchmarks for post-judgment motions.

Federal Rule 59(e):

File within 28 days of judgment entry.

Federal Rule 60(b):

Seek relief within reasonable time; some grounds one year.

State Variations:

Timelines and bases depend on state statutes and local rules.

Immediate Steps:

Serve motion and file certificate of service promptly.

Appeal Tolling:

Filing may affect appeal deadlines; consult appellate rules.

Essential Elements of a Professional Motion to Reconsider Order

A professional Motion to Reconsider Order combines clear identification, focused legal argument, and proper procedural attachments to maximize judicial consideration.

Caption

Include full case caption, court name, case number, and judge's name at the top; this ensures the clerk routes the motion correctly and links it to the underlying file.

Statement

Concise statement of the order being challenged, including entry date, specific findings or conclusions to reconsider, and precise citations to the supporting docket entries or exhibits.

Legal Standard

Explain the legal basis for reconsideration, citing applicable standards such as FRCP 59(e) or 60(b), state analogues, and controlling authority showing why relief is appropriate.

Argument

Present focused analysis referencing specific errors, newly discovered evidence, or intervening law; avoid repeating prior briefs and emphasize how correction alters outcome, with supporting citations and precise page references.

Relief

State the exact relief requested, including alteration, amendment, vacatur, or clarification, and attach a proposed order the court can sign to effectuate the requested change, including a judge's signature block.

Exhibits

Attach all supporting exhibits, sworn declarations, relevant docket entries, and a concise exhibit index; ensure exhibits are legible, paginated, and referenced in the argument, with bookmarks for electronic filing.

Examples of When Reconsideration Changed the Outcome

Real-world examples show how reconsideration can clarify orders, preserve issues for appeal, or introduce newly discovered evidence.

Civil Litigation

In a federal civil case, counsel filed a Motion to Reconsider Order after the court omitted key evidence from its findings.

Court corrected factual record and adjusted damages.
The motion relied on a sworn declaration and a timely exhibit list; correcting the record avoided a separate appeal and led to a narrower, resolvable issue on remand and reduced litigation costs for parties.

Administrative Appeal

An agency representative sought reconsideration after a new administrative ruling affected the legal standard applied to the original order.

Agency presented intervening controlling authority.
The court acknowledged the change in law, vacated the portion of the order relying on the prior standard, and remanded with specific instructions on applying the new precedent to agency decision-making and further proceedings.

Best Practices for a Clear, Persuasive Motion

Practical tips help ensure a Motion to Reconsider Order is timely, focused, and procedurally sound.

Keep the motion concise and targeted

Limit the motion to discrete errors or new evidence; avoid rearguing every point made earlier. A focused request increases judicial receptivity and simplifies the court's task of identifying and correcting specific errors.

Attach sworn declarations and exhibits

Include sworn statements and clearly labeled exhibits with a table of contents; reference exhibit numbers in the argument so the court can verify the factual assertions without searching the record.

Cite controlling authority and statutes

Prioritize binding precedent and statutory text over persuasive authorities; explain why intervening decisions alter outcome and include pinpoint citations to the pages or sections relied on for quick judicial review.

Confirm filing and service compliance

Verify e-filing requirements, local page limits, signature blocks, and certificate of service language; provide proof of service and conform to formatting rules to prevent clerical rejection and preserve appellate arguments.

Milestone Timeline for Filing and Resolution

Key milestones for a Motion to Reconsider Order from drafting and filing through judicial disposition and any ensuing appeal.

01

Draft & Review

Assemble motion, exhibits, and proposed order.

02

File & Serve

E-file or deliver and serve all parties promptly.

03

Clerk Processing

Court clerk indexes and assigns judge.

04

Decision

Judge grants, denies, or modifies order.

FAQs: Common Questions About Motions to Reconsider Order

Common questions about preparing, filing, and serving a Motion to Reconsider Order with electronic tools and court rules.

Need help? Contact support

What legal grounds justify a motion to reconsider?
Typical grounds include clear error of law or fact, newly discovered evidence, or intervening controlling authority. In federal court, FRCP 59(e) and 60(b) are common bases; state courts use analogous rules. Support assertions with citations and admissible evidence.
How long to file after order entry?
Deadlines vary. Federal Rule 59(e) requires filing within 28 days of judgment entry; Rule 60(b) requires a reasonable time and, for certain grounds, may be limited to one year. State deadlines differ—check local rules and statutes.
Can I use e-signatures for the motion?
Electronic signatures and e-filing are widely accepted, but courts differ. ESIGN (15 U.S.C. §7001) and UETA support enforceability of e-signatures; check local court rules and any required consumer disclosures before relying on electronic signature methods.
What if I miss the deadline?
Missing a filing deadline risks denial, waiver of issues, or the need to seek relief under Rule 60(b) for excusable neglect. Promptly consult counsel to evaluate available remedies and any applicable equitable doctrines such as tolling or excusable neglect.
What exhibits should I attach?
Attach the challenged order, related docket entries, supporting affidavits or declarations, and any newly discovered evidence. Include a concise exhibit index and ensure each exhibit is properly labeled and paginated for quick judicial review.
Do I need to notarize the motion?
Typically, the motion itself does not require notarization, but affidavits or declarations included as exhibits may need to be notarized or sworn under penalty of perjury, depending on the jurisdiction and the type of evidence submitted.

Comparing eSign Plans for Preparing and Signing Motions

Compare common eSignature plans and features relevant to filing and signing legal motions and court submissions; plan features and limits vary by vendor and tier.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	Varies by plan
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

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