![]() ![]() In federal courts sitting in Virginia, motions for reconsideration cannot be granted where the moving party simply seeks to have the court rethink what it has already thought through–regardless of whether its decision is right or wrong. The Fourth Circuit has held that Rule 60(b) “does not authorize a motion merely for reconsideration of a legal issue” and that Rule 60 cannot be used to make a motion simply asking the court to change its mind. Those circumstances include mistake, excusable neglect, newly discovered evidence, fraud by an opposing party, and “any other reason that justifies relief.” That catch-all is not as broad as it sounds, however. Rule 60(b) allows for “relief from a final judgment, order, or proceeding” in certain circumstances. Still, reconsideration of a judgment is considered an extraordinary remedy which will be granted only sparingly. The Federal Rules of Civil Procedure do not expressly allow motions for reconsideration, but district courts generally treat them as being filed under Rule 59 or 60. The permissible grounds for seeking reconsideration depend on whether you’re in federal court or state court. Do you file a follow-up motion asking the court to change its mind? Or do you file it away in the “ grounds for appeal” category? Motions for reconsideration are disfavored in every jurisdiction and you’ve already lost once–so the odds are against you–but if the court made a clear mistake of law, it can make sense to inform the court of the mistake. “The court got it wrong,” you tell yourself, perhaps even sincerely. ![]() Each court may be different, so make sure you ask your superior court (if appealing a limited case) or your Court of Appeal (if appealing an unlimited civil case) if any programs like this are available.Suppose you lose a motion you thought you would almost certainly win. If you have filed your notice of appeal, the Court of Appeal or superior court appellate division may have a mediation or settlement program that can help you explore settlement. You may be able to reach an agreement about resolving your dispute with the other side instead of going through the appeal process. Settlement or mediationĮither before or after you appeal, consider settlement or mediation. Your court's self-help center may be able to help you or you can talk to a lawyer for advice. The law allowing a judge to grant a new trial is based on California Code of Civil Procedure section 657. An irregularity in the case that prevented one of the parties from having a fair trial.An irregularity with the jury, a party, or a lawyer in the case.There are a number of reasons why someone can ask for a new trial, such as: For more information, see California Code of Civil Procedure section 1008(b).Ī motion for a new trial asks the trial court to reexamine 1 or more issues of fact or law after a trial and decision by the judge or jury. The application must also include an affidavit with information on the original order and the new facts, circumstances, or law. ![]() This request must be based on new facts, circumstances, or law. This is when the same party who made a motion (a request for an order) that was refused (the entire motion or just part) asks a judge (same or different) to grant the order. For more information, see California Code of Civil Procedure section 1008(a). The motion must also include an affidavit with information about the original order and the new facts, circumstances, or law. ![]() You must file a motion for reconsideration within 10 days of being served with the written notice of entry of the order you want the court to reconsider. This is when a party that is affected by a trial court's order asks the same court to reconsider the order, based on new facts, circumstances, or law. Your court's Self-Help Center may be able to help you or you can talk to a lawyer for advice. There are different laws that apply in different cases, and usually you have to meet very specific requirements to be able to file a motion to set aside or to vacate. This is when a party that is affected by a trial court's judgment or order asks the same court to cancel the judgment or order that was made. Motion to vacate or set aside the judgment These are some of the more common options: Depending on the circumstances in your case, you may be able to file a motion asking the court to change, fix, or cancel the judgment against you. ![]()
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