What is the correct deadline to file?

Deadlines depend on the forum: federal motions often use FRCP 59(e) (28 days) or 60(b) standards; state and agency rules vary, so compute using the order date and service method.

Can I raise new arguments on reconsideration?

Generally, motions for reconsideration should rely on matters already in the record or new controlling authority; courts disfavor presenting entirely new claims or evidence without good cause.

Does the motion stop enforcement of the order?

Not automatically. Request a stay or injunction within the motion if you seek to halt enforcement; courts consider stay factors separately.

Are electronic signatures acceptable?

Electronic signatures are generally enforceable under ESIGN (15 U.S.C. ch. 96) and UETA where adopted; confirm court local rules for e-filing and signature format.

What supporting exhibits are helpful?

Attach the challenged order, relevant docket entries, copies of newly discovered evidence or controlling authority, and succinct exhibits that directly support the motion's narrow grounds.

What if the court denies reconsideration?

Denial preserves the issue for appeal in many cases; consult appellate counsel promptly to evaluate timing and grounds for appeal.

Electronic Signature
Templates
Other
Motion for Reconsideration

Motion for Reconsideration

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

What a Motion for Reconsideration Is and When it Applies

A Motion for Reconsideration asks a court to review and change an earlier ruling or order based on new arguments, overlooked facts, legal error, or changed law. It is typically filed after a final order, judgment, or dispositive decision and seeks limited relief rather than a full retrial. Procedural rules, timing, and standards differ between federal and state courts; common federal practice uses Federal Rule of Civil Procedure 59(e) or 60(b). The motion should be narrowly focused, supported by citation to authority, and must meet local court filing and service requirements.

Why Filing a Thoughtful Motion for Reconsideration Matters

A properly prepared motion can correct errors, preserve issues for appeal, or update the record with newly available controlling authority. It focuses the court on discrete legal mistakes or factual omissions and helps maintain an orderly appellate record.

Who Typically Prepares and Files These Motions

Identify who will sign, serve, and certify the motion before filing to meet court rules on timeliness and form.

Plaintiffs and Defendants — Attorneys or pro se parties file when an adverse decision contains legal error or overlooked evidence.
Appellate Counsel — Uses reconsideration to preserve or refine issues for appeal and to present intervening authority.
In-House Counsel / Compliance Teams — Files in regulatory or administrative matters where a prompt reconsideration can avoid operational disruption.

Core Elements Every Professional Motion Should Include

A Motion for Reconsideration should be concise, focused on discrete errors or new authority, and supported by legal citation and a clear request for specific relief.

Caption

Case caption, court name, docket or case number, and title 'Motion for Reconsideration' placed per local form rules.

Statement of Ruling

Identify the exact order, judgment, or ruling being challenged and the date it was entered.

Grounds Stated

Explain specific grounds: clear legal error, manifest injustice, new controlling authority, or newly discovered evidence.

Argument

Legal argument with citations and concise analysis explaining why correction is warranted under applicable rules.

Relief Requested

Specify the precise relief sought (vacate, amend, stay, or other discrete remedy).

Certificate

Certificate of service and signature block showing who filed, contact information, and date.

Step-by-Step: Preparing and Filing the Motion

Follow a concise sequence to prepare, serve, and file a Motion for Reconsideration consistent with local rules and filing deadlines.

01

Confirm Deadline: Check governing rule (federal FRCP 59(e)/60(b) or local rule) and compute filing deadline from the order date.
02

Draft Motion: Prepare a focused legal memorandum limited to specified grounds and avoid rearguing all prior points.
03

Attach Orders: Attach the challenged order, relevant exhibits, and any new authorities to the motion filing.
04

Serve and File: Serve opposing parties per local rules and file with the court clerk, including certificate of service.

Typical Filing Workflow and Roles

A clear workflow reduces delay: drafter prepares, lead counsel reviews, opposing counsel served, then file with the court clerk or e-filing system.

Drafting: Attorney drafts motion and supporting memorandum with citations and exhibits.
Internal Review: Lead counsel or supervising attorney reviews for scope, tone, and appellate preservation.
Service: Serve opposing counsel per service rules (electronic service, mail, or in-person).
Filing: File electronically or in paper with the court clerk and include a certificate of service.

Digital Workflow Settings for Online Preparation

Configure your document and e-filing workflow to match court requirements and record retention policies before submission.

Document Format	PDF/A — Use a court-acceptable PDF format when filing electronically.
Signature Method	Typed or scanned signature — courts accept electronic signatures per ESIGN/UETA unless court rules say otherwise.
Service Method	E-service or mail — follow local rule for permitted service channels.
File Naming	Use case number and short title (e.g., '12345-MtnRecons.pdf') to aid clerk processing.
Retention Setting	Set document retention for active case life plus applicable statutory period per agency rules.

Technical and Integration Considerations for eFiling and eSigning

When using an eSignature provider, verify compliance with ESIGN (15 U.S.C. ch. 96) and UETA, and confirm the provider can produce an audit trail and retain reproducible records.

File Types: PDF, PDF/A, DOCX accepted by most e-filing systems.
Integrations: Look for integrations with systems such as Salesforce, NetSuite, Microsoft 365, and document repositories for workflow continuity.
Authentication: Support for email, SMS, and advanced signer authentication helps establish signer attribution.

Common Filing Deadlines and Timing Expectations

Timeliness depends on the court and rule cited; compute deadlines carefully and factor in service method and local clerk processing time.

Federal Rule 59(e):

Typically 28 days to file a motion to alter or amend a judgment (FRCP 59(e)).

Federal Rule 60(b):

Seek relief from a final judgment within a reasonable time; some grounds require filing within one year.

California Courts:

Local rules and CCP §1008 may set a 15-day window after service of notice of entry; verify local rule.

New York State:

CPLR allows motions for reargument under local practice—deadlines vary; check county rules.

Administrative Agencies:

Agency reconsideration deadlines differ widely; consult agency rules or counsel.

Security and Compliance Considerations for Electronic Versions

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest.

Audit Trail: Timestamp, IP address, and action logs establish attribution and sequence.

ESIGN / UETA: Platform should support ESIGN (15 U.S.C. ch. 96) and UETA requirements for legal enforceability.

HIPAA: HIPAA compliant workflows require a BAA when handling protected health information.

21 CFR Part 11: Platforms supporting FDA records need 21 CFR Part 11 controls for e-signatures.

Certifications: Look for SOC 2 Type II, ISO 27001, PCI DSS, and WCAG accessibility compliance.

Consequences of Incorrect or Untimely Motions

Waiver Risk: Missing a deadline can waive the right to seek reconsideration or preserve issues for appeal.

Strike or Sanction: Courts may strike improper filings, impose fees, or sanction parties for frivolous or repeated motions.

Procedural Rejection: Noncompliance with local formatting or service rules can lead to clerk rejection or motion denial.

Appeal Impact: Improperly framed motions may not preserve error for appellate review.

Confidentiality Risk: Failing to redact sensitive information can violate protective orders or privacy obligations.

Cost Increase: Late or defective motions can increase litigation costs and delay resolution.

Common Pitfalls to Avoid

Rearguing the entire case rather than focusing on discrete errors reduces persuasive force and may be untimely.
Failing to attach the challenged order and relevant exhibits can result in denial for lack of record.
Using improper service methods or failing to file a certificate of service leads to procedural defects.
Citing non-controlling or irrelevant authority without distinguishing it weakens the legal argument.

Representative Use Cases Where Reconsideration Is Appropriate

Typical scenarios illustrate when reconsideration is the correct procedural tool.

New Controlling Authority

A new appellate decision changes controlling law on a key issue, justifying reconsideration.

The new decision directly conflicts with the court's ruling.
The motion cites the opinion, explains its impact on case law, and asks the court to vacate or amend its earlier order to align with controlling precedent.

Clear Legal Error

The court overlooked or misapplied a statutory or procedural rule, producing manifest error.

Error is demonstrated by comparing the ruling to statutory text or binding authority.
The motion isolates the legal mistake, shows its practical effect on the outcome, and requests correction to prevent manifest injustice.

eSignature Vendor Pricing and Feature Snapshot

Compare starting price and basic feature availability for common eSignature vendors. signNow is listed first per comparison conventions.

	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	No	No	Yes, limited	Yes, limited
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No envelope cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Frequently Asked Questions About Motions for Reconsideration

Answers to common procedural and drafting questions to help avoid basic errors and understand typical court responses.

Need help? Contact support

What is the correct deadline to file?
Deadlines depend on the forum: federal motions often use FRCP 59(e) (28 days) or 60(b) standards; state and agency rules vary, so compute using the order date and service method.
Can I raise new arguments on reconsideration?
Generally, motions for reconsideration should rely on matters already in the record or new controlling authority; courts disfavor presenting entirely new claims or evidence without good cause.
Does the motion stop enforcement of the order?
Not automatically. Request a stay or injunction within the motion if you seek to halt enforcement; courts consider stay factors separately.
Are electronic signatures acceptable?
Electronic signatures are generally enforceable under ESIGN (15 U.S.C. ch. 96) and UETA where adopted; confirm court local rules for e-filing and signature format.
What supporting exhibits are helpful?
Attach the challenged order, relevant docket entries, copies of newly discovered evidence or controlling authority, and succinct exhibits that directly support the motion's narrow grounds.
What if the court denies reconsideration?
Denial preserves the issue for appeal in many cases; consult appellate counsel promptly to evaluate timing and grounds for appeal.

Explore Templates

Divorce Letter Letter Regarding Payment of Probated Claim Letter Requesting Signature for Petition to Close Estate Letter of Congratulations on Book Publication Promotional Letter for Fitness Trainer Letter from Teacher to Students Wishing Them a Wonderful Summer

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now