What is a motion for reconsideration?

A post-judgment request asking the court to revisit an order for reasons such as clear legal error, new evidence, or intervening controlling authority; aims to correct the record or preserve issues for appeal.

When is it timely to file?

Timing depends on the rule invoked: federal Rule 59(e) is typically 28 days from judgment; Rule 60(b) allows relief within a reasonable time and sometimes within one year for certain grounds.

What must the motion include?

State the order and date, attach the challenged order, explain precise grounds (legal error or new evidence), cite controlling authority, and request specific relief with a certificate of service.

Can the motion be electronically signed?

Yes. Electronic signatures meeting ESIGN (15 U.S.C. §7001) and applicable state UETA or ESRA requirements are generally valid; ensure the court accepts e-filed documents and your e-sign method provides an audit trail.

How do I serve opposing counsel?

Service methods depend on local rule and may include e-filing service, e-mail with consent, or traditional service; file a certificate of service showing how and when service occurred.

What if the motion is denied?

If denied, evaluate whether denial preserves issues for appeal; consult appellate counsel about timing to appeal and whether other post-judgment remedies remain available.

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Motion for Reconsideration of Order

Motion for Reconsideration of 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 for Reconsideration of Order Is and When It’s Used

A Motion for Reconsideration of Order asks a court to review and change a prior judicial ruling based on new facts, a clear legal error, or an intervening change in controlling law. It is a post-judgment pleading intended to preserve issues for appeal or to prompt correction without initiating a new trial. Rules, deadlines, and permissible grounds vary by jurisdiction and tribunal; federal practice frequently refers to Federal Rule of Civil Procedure 59(e) and Rule 60(b) as common procedural authorities. Drafting must be precise, attach the underlying order, and explain the basis for relief.

Why Filing a Motion for Reconsideration Can Matter

A well-prepared motion can correct clear legal errors, present newly discovered evidence, or clarify the record before appeal.

Who Typically Prepares and Files This Motion

The motion is commonly used by litigants, trial counsel, appellate teams, and agency representatives seeking review of a court or administrative order.

Plaintiffs and defendants pursuing correction of adverse rulings or to preserve issues for appeal.
Civil litigation attorneys who identify legal error, misapplied precedent, or oversight in the record.
Administrative law practitioners asking agencies to revisit decisions based on new materials or procedure errors.

Local counsel should confirm procedural prerequisites and service rules before filing to avoid waiver or denial.

Step-by-Step: Completing the Motion for Reconsideration

Prepare a focused, well-supported motion that cites controlling authority, attaches the challenged order, and explains precisely why relief is warranted.

01

Draft the motion: State the order being challenged and the specific relief sought.
02

Attach supporting items: Include the challenged order, relevant exhibits, and proposed findings.
03

Cite authority: Identify legal error, new evidence, or intervening law with citations.
04

File and serve: File with the court and serve opposing counsel per local rules.

How to Customize and Complete the Motion Online

Configure an online workflow that places fields, attachments, and signature blocks where courts and opposing counsel expect them.

Document Template	Create a reusable template with caption, headings, and required paragraphs.
Attachment Fields	Include file upload slots for the order, exhibits, and proof of service.
Signature Block	Add attorney signature, printed name, bar number, and date fields.
Certificate of Service	Add a checkbox and field for service details and recipient addresses.
Access Controls	Set signer roles and authentication strength per court and client needs.

Where to File and How the Document Moves Through the System

Understand destination and distribution steps so the motion reaches the judge and opposing parties correctly.

File with Court Clerk: Submit via the court’s e-filing portal or in-person filing counter.
Serve Opposing Counsel: Serve by e-filing system, e-mail, or process service as local rules require.
Submit Proposed Order: If local practice allows, include a proposed order for the judge’s consideration.
Retain Proof: Keep receipts, filing confirmations, and certificates of service for the record.

Technical Options for eFiling and Electronic Signatures

Courts and agencies accept different electronic formats and authentication levels; choose tools that meet those requirements.

File formats: PDF/A and PDF are widely accepted.
Signer authentication: Email link, SMS code, or advanced verification.
Integrations: Connect to case management and cloud storage.

Use a platform that supports PDF/A export, audit trails, and integrations with case portals or cloud storage to ensure reliable filing and defensible signature evidence.

Typical Deadlines and Timing Rules to Watch

Timing for a motion for reconsideration depends on the tribunal and the rule invoked; confirm the applicable rule before filing.

Federal Rule 59(e):

File within 28 days of the entry of judgment (FRCP 59(e)).

Federal Rule 60(b):

Seek relief within a reasonable time; some grounds require within one year (FRCP 60(b)).

Appellate Deadlines:

Appellate timing and procedures vary; consult the Federal Rules of Appellate Procedure or local rules.

State Court Variations:

Most states set specific short windows (often 10–30 days); check local rules carefully.

Service and Proof:

Serve opposing parties and file a certificate of service when filing.

Key Milestones from Draft to Court Ruling

Track major milestones so the motion meets procedural, service, and evidentiary requirements before the court acts.

01

Draft and Review

Finalize grounds, attach the order, and obtain sign-off.

02

File and Pay Fee

Submit the motion and pay any filing fee or e-filing charge.

03

Serve Parties

Serve counsel and file the certificate of service promptly.

04

Await Ruling

Court may rule on papers, schedule a hearing, or deny without hearing.

Essential Information and Fields to Include

Case Caption: Full party names and court

Case Number: Exact docket or file number

Order Date: MM/DD/YYYY of the challenged order

Grounds Stated: Concise legal/factual basis

Relief Sought: Specific remedy requested

Signature Block: Name, firm, bar number, date

Consequences and Risks of an Incorrect Motion

Waiver of Issues: Missing deadlines can forfeit appellate rights

Denial for Procedural Error: Improper form or service may result in dismissal

Sanctions Risk: Frivolous filings may trigger Rule 11 sanctions

Increased Costs: Additional briefing and hearings raise fees

Adverse Record: Erroneous facts can harm credibility on appeal

Statutory Bars: Statute-based time limits may be absolute

Common Preparation Mistakes to Avoid

Missing or misstating the exact order date causes filing and service errors that can lead to rejection or waiver of the motion.
Failing to attach or cite the original order and relevant exhibits makes the motion procedurally defective and harder for the judge to evaluate.
Relying on re-argument instead of presenting new evidence or intervening law can result in denial for lack of a proper basis.
Improper service or incorrect certificate of service often causes delays and preserves procedural objections by opposing counsel.

Practical Examples of When Motions for Reconsideration Are Used

Two concise, real-world scenarios illustrate typical uses of a motion for reconsideration in civil and administrative settings.

Trial Court Error Example

A party identifies a clear misapplication of binding precedent in the court’s order and files a motion for reconsideration to correct the legal error.

The motion focuses on the controlling authority that was overlooked.
If granted, the court amends its order and avoids an unnecessary appeal; if denied, the motion preserves the argument for appellate review with a clearer record.

New Evidence Example

After judgment, counsel discovers previously unavailable evidence material to the issue and files to reconsider based on new evidence.

The motion documents why evidence could not have been produced earlier.
A persuasive showing can lead to relief or a new hearing; courts scrutinize timeliness and diligence in presenting new material.

Comparing eSignature Providers for Filing and Execution

Key pricing and compliance differences affect how you prepare, sign, and store court filings and supporting exhibits; signNow appears 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 by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes (Premium)	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Envelope Cap	No cap	100 env/user/year	Varies by plan	Varies by plan	Varies by plan

Frequently Asked Questions About Motions for Reconsideration

Answers to common questions about timing, content, electronic signing, and next steps after a denial.

Need help? Contact support

What is a motion for reconsideration?
A post-judgment request asking the court to revisit an order for reasons such as clear legal error, new evidence, or intervening controlling authority; aims to correct the record or preserve issues for appeal.
When is it timely to file?
Timing depends on the rule invoked: federal Rule 59(e) is typically 28 days from judgment; Rule 60(b) allows relief within a reasonable time and sometimes within one year for certain grounds.
What must the motion include?
State the order and date, attach the challenged order, explain precise grounds (legal error or new evidence), cite controlling authority, and request specific relief with a certificate of service.
Can the motion be electronically signed?
Yes. Electronic signatures meeting ESIGN (15 U.S.C. §7001) and applicable state UETA or ESRA requirements are generally valid; ensure the court accepts e-filed documents and your e-sign method provides an audit trail.
How do I serve opposing counsel?
Service methods depend on local rule and may include e-filing service, e-mail with consent, or traditional service; file a certificate of service showing how and when service occurred.
What if the motion is denied?
If denied, evaluate whether denial preserves issues for appeal; consult appellate counsel about timing to appeal and whether other post-judgment remedies remain available.

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