When must I file this motion?

Deadlines depend on the governing rule and jurisdiction. For example, Federal Rule of Civil Procedure 59(e) motions typically are filed within 28 days of judgment; FRCP 60(b) relief has varying time limits depending on the ground asserted.

Can I rely on new evidence?

Yes if the evidence was not reasonably discoverable earlier and it is material to the order; support the motion with a sworn declaration and attach the document as an exhibit.

Is an electronic signature acceptable?

Electronic signatures are generally valid under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted; confirm the court’s local rules and any consumer-disclosure requirements for filings including signatures.

What happens if I miss the deadline?

A late motion may be denied as untimely; some courts permit relief for excusable neglect, but relief is discretionary and often difficult to obtain.

Who can sign the motion?

An attorney of record or the party if proceeding pro se must sign. Counsel must include contact information and bar number where required by local rules.

What supporting documents are required?

Attach a proposed order, any declarations or affidavits, and all exhibits cited. Include a certificate of service showing how and when opposing counsel was served.

Electronic Signature
Templates
Other
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 When It’s Used

A Motion to Reconsider Order asks a court to review and change a prior ruling based on new facts, legal error, or manifest injustice. Typical targets include interlocutory orders, final judgments, or orders issued after briefing. The motion must explain why the court should revisit its decision, cite controlling law or overlooked evidence, and identify the specific relief requested. Procedures and timing differ by jurisdiction and by whether the motion is filed under a federal rule (for example, Federal Rules of Civil Procedure 59 or 60) or a state procedural rule.

Why Filing a Motion to Reconsider Order Can Matter

A properly framed motion preserves issues for appeal, corrects clear errors, and can avert unnecessary further litigation. It may also identify evidentiary gaps or factual developments that justify modifying relief without initiating a new case.

Who Typically Prepares and Files This Motion

The filer should verify local rules, statutory deadlines, and any page- or word-count limits before submission.

Represented litigants and counsel: File when counsel identifies reversible error or newly discovered evidence.
Pro se litigants: May file but should follow local rules and court forms closely to avoid procedural dismissal.
Clerks and paralegals: Draft and calendar deadlines, ensuring exhibits and certificates of service accompany the motion.

Essential Parts of a Professional Motion to Reconsider Order

A complete motion is concise, cites legal authority, and includes sworn facts or newly available evidence tied to precise relief requested.

Caption

Court name, full case caption, docket number, and judge identification as appearing on the original order.

Introduction

One-paragraph statement identifying the order to be reconsidered, the ground for relief, and the specific remedy sought.

Statement of Facts

Concise factual timeline emphasizing new facts or the precise error in the court’s prior factual findings or procedural ruling.

Legal Argument

Clear legal standards with citations to controlling authority—include statutory or rule citations such as FRCP 59 or FRCP 60 where applicable.

Supporting Evidence

Affidavits, declarations, or newly discovered documents attached as exhibits and identified in the motion.

Relief Requested

Precise proposed order language or alternative relief and a proposed order for the judge to sign.

Required Information to Include on the Form

Case Caption: Court, parties, docket number

Order Date: Date of challenged order

Grounds: Legal basis stated

Relief Sought: Specific remedy requested

Supporting Exhibits: List of attachments

Signature Block: Signer name, title, date

Step-by-Step: Preparing a Motion to Reconsider Order

Follow a consistent sequence from research to filing to reduce risk of procedural errors and missed deadlines.

01

Research: Identify governing rule and controlling precedent.
02

Draft: State facts, argument, and relief succinctly.
03

Assemble: Attach declarations and exhibits in order.
04

File: E-file or submit per local court rules.

Where the Motion Goes and What Happens Next

After filing, the court may accept, set a briefing schedule, schedule oral argument, or deny the motion without hearing.

Filing: Submit via court e-filing system or clerk’s office.
Service: Serve opposing parties per court rules.
Response: Court may allow a written response and reply.
Decision: Judge issues an order granting, denying, or modifying relief.

Technical Options for Filing and Serving the Motion

Confirm the court’s local rules for electronic submission, page limits, signatures, and required certificates of service; many jurisdictions require both e-filing and proof of service.

Court E-Filing: Use the court’s approved portal.
Email Service: Allowed only if local rules permit.
eSignature: Permitted where signatures meet ESIGN/UETA tests.

Typical Timing Rules and Filing Deadlines

Timing is critical; some motions must be filed within a fixed number of days after the order, while others are subject to equitable standards.

Rule-Based Motions:

FRCP 59(e) motions generally within 28 days of judgment.

60(b) Relief:

Reasonable diligence required; some grounds have a one-year limit.

State Court Variance:

State deadlines vary—consult local civil rules.

Service Deadlines:

Calendar service and response times per court rules.

Extensions:

Courts may grant extensions for good cause.

Common Preparation Mistakes to Avoid

Missing the jurisdictional or rule-based deadline, which often results in denial or waiver of relief.
Failing to attach or authenticate new evidence, leaving assertions unsupported and easily rejected by the court.
Relying on reargument of issues previously raised without showing new law, new facts, or clear error.
Not following local formatting, page limits, or certificate-of-service requirements, leading to administrative rejection.

Consequences of an Incorrect or Untimely Motion

Denial as Untimely: Court may dismiss motion.

Sanctions Risk: Possible sanctions under court rules or FRCP 11.

Waiver of Issues: Failure to preserve appellate issues.

Increased Costs: Additional fees and attorney time.

Adverse Finding: Court may impose adverse credibility findings.

Record Complications: Complicates appellate record and timelines.

Common eSignature Vendor Comparison for Filing and Signing

Basic vendor features relevant to filing supporting affidavits or declarations: pricing, trial availability, bulk send, audit trail, and HIPAA compliance where applicable.

	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

Representative Use Cases from Real Organizations

These brief examples show how organizations used electronic workflows to manage motions and supporting evidence.

Optica Ventures LLC

Their operations team simplified document handling for post-judgment motions

used automated templates for consistency
The result was faster internal review and more reliable exhibit assembly for filing.

Martin Properties

The founder processed court filings remotely with secure signatures

converted signed exhibits to court-ready PDFs
This reduced physical travel and expedited timely filings to the court.

Frequently Asked Questions About Motions to Reconsider Order

Answers to common procedural and practical questions to reduce filing errors and ensure compliance with court rules.

Need help? Contact support

When must I file this motion?
Deadlines depend on the governing rule and jurisdiction. For example, Federal Rule of Civil Procedure 59(e) motions typically are filed within 28 days of judgment; FRCP 60(b) relief has varying time limits depending on the ground asserted.
Can I rely on new evidence?
Yes if the evidence was not reasonably discoverable earlier and it is material to the order; support the motion with a sworn declaration and attach the document as an exhibit.
Is an electronic signature acceptable?
Electronic signatures are generally valid under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted; confirm the court’s local rules and any consumer-disclosure requirements for filings including signatures.
What happens if I miss the deadline?
A late motion may be denied as untimely; some courts permit relief for excusable neglect, but relief is discretionary and often difficult to obtain.
Who can sign the motion?
An attorney of record or the party if proceeding pro se must sign. Counsel must include contact information and bar number where required by local rules.
What supporting documents are required?
Attach a proposed order, any declarations or affidavits, and all exhibits cited. Include a certificate of service showing how and when opposing counsel was served.

Explore Templates

Letter Delegating Special Project Business Filing System Guide Contingency Fee Agreement Untitled Document Beneficiaries Trust Freedom of Information Act Request Letter

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now