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Motion for Reconsideration

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Motion for Reconsideration

What a Motion for Reconsideration Is and When It Applies

A Motion for Reconsideration is a formal written request asking a court or administrative body to review and change an earlier decision. It typically asks the decisionmaker to correct an error of law, reconsider factual findings, or consider newly discovered evidence. Motions for reconsideration follow specific procedural rules and short deadlines set by courts or agencies; they are not a second full appeal but a limited request to revisit the original ruling. Properly framed motions focus on discrete legal or factual issues rather than rearguing the entire case.

Why Filing a Motion for Reconsideration Can Matter

A timely motion preserves legal arguments, can correct clear errors, and may avoid the time and expense of a full appeal.

Why Filing a Motion for Reconsideration Can Matter

Who Typically Prepares and Files These Motions

Several parties prepare motions for reconsideration depending on the context and who seeks relief.

  • Civil litigators and law firms seeking to correct trial-court or magistrate rulings quickly.
  • Administrative appellants and agency counsel asking an agency to revisit an administrative determination.
  • Individual litigants or in-house counsel preserving issues before pursuing a formal appeal.

Use the motion when authorized by court or agency local rules and where a narrow error or new evidence supports relief.

Primary Signatories and Their Roles

Lead Counsel — Attorney

An attorney of record typically prepares and signs the motion, certifying compliance with local rules and service requirements and attesting to factual statements in the filing.

Appellant Representative

Where a business or agency is the moving party, an authorized representative may sign supporting declarations but filings generally require counsel signature for procedural filings.

Core Components to Include in a Professional Motion for Reconsideration

A clear, well-structured motion increases the chance it will be accepted for consideration; include essential sections and supporting evidence.

Caption

Case caption with court name, docket number, parties, and title 'Motion for Reconsideration' so the filing is immediately routed and identified by the clerk.

Relief Requested

A concise statement describing exactly what order or ruling you ask the court or agency to modify, reverse, or clarify.

Grounds

Specific legal or factual bases for reconsideration such as controlling law misapplied, manifest error, or newly discovered evidence not previously available.

Argument

Legal analysis applying the cited authorities to the record; limit new factual assertions and explain why reconsideration is warranted under the governing standard.

Supporting Evidence

Identify cited record pages, attach relevant exhibits or declarations, and explain why new materials were not presented earlier.

Signature Block

Attorney signature, printed name, bar number, address, telephone, and a service certificate showing how and when the motion was served.

Required Administrative and Compliance Items

Case Number: Exact docket number
Party Names: Full legal names
Service Certificate: Method and date of service
Supporting Exhibits: Exhibit list included
Signature Block: Attorney or signatory
Filing Fee: Fee paid or waiver

Consequences of a Defective Motion

Missed Deadline: Motion may be rejected
Procedural Dismissal: Court refuses to consider merits
Sanctions Risk: Attorney sanctions possible
Waived Arguments: Failure to preserve appeal issues
Fee Loss: Unrecoverable filing fees
Estoppel: Adverse findings may bind party

Common Preparation Errors to Avoid

  • Missing the court or agency deadline because local rules impose strict, often short, filing windows that vary by jurisdiction.
  • Failing to attach or cite the specific record pages and exhibits that show the claimed error or newly discovered evidence.
  • Raising arguments that were available earlier without explaining good cause for late presentation, which courts typically reject.
  • Omitting a proper service certificate or proof of service, leading to clerical rejection or return of the filing.

Step-by-Step: Preparing and Filing the Motion

Follow a focused sequence to prepare, sign, serve, and file your motion correctly.

  • 01
    Review Rules: Confirm local and federal deadlines and required format
  • 02
    Draft Motion: State relief, grounds, and cite record pages
  • 03
    Attach Evidence: Include declarations and exhibits with exhibit list
  • 04
    File & Serve: File with clerk and serve all parties per rule

Where to File and How the Filing Is Processed

Filing channels vary by court and agency; confirm the accepted delivery method before submission.

  • Court Electronic Filing: File via the court's eFiling portal when required
  • Clerk's Office: Paper filings accepted where eFiling is unavailable
  • Agency E-Portal: Submit motions through agency online docket systems
  • Certified Mail / In-Person: Use certified mail or hand-delivery if rules permit

Technical Considerations for Digital Completion and Submission

Check format, file type, and authentication requirements before e-filing or e-submitting.

  • File Types: PDF or PDF/A preferred
  • Integrations: Supports Salesforce, Microsoft 365, NetSuite
  • Authentication: Use required signer authentication

Ensure the platform you use produces an audit trail, searchable PDF, and preserves metadata per court or agency standards.

Typical Deadlines and Timing to Watch

Deadlines for motions for reconsideration differ by forum; check local rules and the applicable procedural code immediately.

Federal Rule 59(e):

28 days to alter or amend final judgment

Federal Rule 60(b):

Relief for mistake or new evidence; certain grounds within 1 year

State Court Windows:

Often 7–30 days depending on local rules

Administrative Agencies:

Commonly 30 days for reconsideration or appeal

Service Deadlines:

Service and filing must be contemporaneous under many rules

Practical Examples of Motion Use Across Contexts

Two concise examples show typical factual patterns where a motion for reconsideration is appropriate.

Solo Practitioner Example

An attorney files a short motion pointing out a court's overlooked controlling decision

  • The motion cites the missed case and attached pages from the record
  • The court grants reconsideration without full briefing, correcting the legal standard and altering the final order to the client's benefit.

Administrative Appeal Example

A regulated entity submits new evidence showing measurement error in an agency determination

  • The new test report was unavailable before the deadline
  • The agency reopens the matter, considers the new data, and issues a revised determination consistent with the evidence.

Key Filing Milestones and Sequence

Track these numbered milestones to meet procedural and service obligations for a reconsideration motion.

01

Prepare Motion

Draft motion and gather exhibits promptly after the triggering decision

02

Serve Parties

Serve all opposing parties consistent with local rules and certificate of service

03

File with Clerk

File via eFiling or deliver to clerk before the deadline

04

Await Ruling

Court may rule, schedule briefing, or set hearing on a short timeline

eSignature Vendor Pricing Snapshot for Preparing and Signing Motions

Core pricing and feature differences among common eSignature providers; signNow is listed first for comparison.

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 Varies Varies Varies
Bulk Send Yes Yes Yes Yes Yes
Audit Trail Yes Yes Yes Yes Yes
Envelope Cap No cap 100 envelopes/user/yr Varies Varies Varies

Frequently Asked Questions About Motions for Reconsideration

Answers to common procedural and technical questions when preparing a motion for reconsideration.


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Practical Tips to Improve Acceptance and Consideration

Follow these recommended practices to reduce clerical issues and increase the likelihood a court will consider the motion on its merits.

Check Local Rules
Confirm page limits, formatting, filing method, and service details in the court or agency local rules before drafting; nonconforming filings may be rejected.
Be Concise and Specific
Limit the motion to discrete errors or newly discovered items; courts deny motions that merely rehash prior arguments without showing manifest error.
Support with Record
Cite precise record pages and attach verified exhibits or declarations explaining why evidence was not available earlier.
Preserve Proof of Service
Include a signed certificate of service showing how and when each party received the motion and all supporting materials.
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