The Ultimate Guide to a Motion to Reconsider

LEGAL DISCLAIMER: This article provides general, informational content for educational purposes only. It is not a substitute for professional legal advice from a qualified attorney. Always consult with a lawyer for guidance on your specific legal situation.

Imagine a referee in a championship game makes a critical call that decides the winner. Everyone in the stadium, including the referee after a second look, realizes the call was based on a misunderstanding of the rules. It would be absurdly unfair to let the wrong outcome stand. A motion to reconsider is the legal world's version of asking the referee—the judge—to take an immediate second look at their own decision, not to argue the whole game over, but to fix a clear, outcome-changing mistake. It's a powerful but narrowly focused tool. It’s not a “do-over” button for arguments you forgot to make. Instead, it’s a formal request telling the court, “Your Honor, with all due respect, we believe there has been a significant error of law or fact, or new evidence has emerged that You couldn't have known about, which would have changed your ruling.” It’s a crucial mechanism for correcting mistakes quickly, promoting fairness, and avoiding the time and expense of a full-blown appeal.

• Key Takeaways At-a-Glance:
• A Focused Request: A motion to reconsider is a specific legal request asking the same court and judge to review and potentially reverse a recent order or judgment they just issued.
• Not a Second Chance: The motion to reconsider is not an opportunity to present new arguments or evidence that could have been presented earlier; it is strictly limited to correcting clear errors, addressing new evidence, or accounting for changes in the law.
• Strict Deadlines: A motion to reconsider has a very short and unforgiving deadline, often just 10 to 30 days after the court's order is entered, making immediate action absolutely critical.

The concept of asking a court to correct its own errors is as old as the common_law itself. It stems from a fundamental principle of judicial_economy and fairness: it's far more efficient for a judge to fix their own clear mistake than to force parties through the lengthy and expensive appeal process. In early English courts, judges possessed an inherent “term-time” power, meaning they could modify or vacate their judgments at any time during the court's term. This was a practical recognition that judges, being human, can err. As legal systems became more structured, this informal power was codified into formal rules of procedure. The most significant development in the United States came with the adoption of the federal_rules_of_civil_procedure in 1938. While these rules don't contain a specific motion explicitly titled “Motion to Reconsider,” the practice is governed by two key rules:

• federal_rule_of_civil_procedure_59(e): Motion to Alter or Amend a Judgment. This is the primary tool used to request reconsideration of a final judgment.
• federal_rule_of_civil_procedure_60(b): Relief from a Judgment or Order. This rule provides grounds for seeking relief from a judgment for reasons like mistake, newly discovered evidence, or fraud, sometimes long after the initial judgment was entered.

These federal rules became the template for most states, which adopted their own codes of civil procedure, each with its own specific timelines and requirements for motions that serve the function of reconsideration. The history of this motion is a story of moving from an informal, inherent power of the court to a highly structured, rule-based procedure designed to balance the finality of judgments with the need to correct manifest injustice.

The power to file a motion to reconsider is not found in a grand constitutional amendment but in the nitty-gritty rules that govern the day-to-day operations of the courts. These are the “rules of the road” for litigation. Federal Courts: In the federal system, the concept is primarily handled by two rules under the federal_rules_of_civil_procedure:

• federal_rule_of_civil_procedure_59(e) - Motion to Alter or Amend a Judgment: The rule states, “A motion to alter or amend a judgment must be filed no later than 28 days after the entry of the judgment.”
  • Plain English: After a court issues a final decision ending the case (a “final judgment”), you have exactly 28 days to file this motion. Courts have interpreted this rule to be the proper vehicle for what is commonly called a motion to reconsider a final judgment. It's used to argue that the court made a clear error of law or fact that led to the wrong final outcome.
• federal_rule_of_civil_procedure_54(b) - Judgment on Multiple Claims or Involving Multiple Parties: This rule is more subtle. It clarifies that any order that does not end the entire case (an “interlocutory_order”) “may be revised at any time before the entry of a judgment adjudicating all the claims and all the parties' rights and liabilities.”
  • Plain English: If a judge makes a ruling in the middle of a case—for example, on a discovery dispute or a motion to exclude a witness—that decision isn't final. The court has the inherent power to revisit and change that ruling anytime before the case is officially over. A motion to reconsider an interlocutory order is based on this inherent power.

State Courts: Each state has its own set of procedural rules. While they often mirror the federal rules, the details—especially the deadlines—can vary dramatically. For example, a state might call its version a “Motion for Rehearing” or a “Motion to Vacate,” but the function is the same. It is absolutely critical to consult the specific rules of procedure for the state in which your case is being heard.

The seemingly simple act of asking a judge to reconsider is governed by a patchwork of different rules across the country. What works in a federal court in California might be a day late and a dollar short in a state court in New York. This table highlights some key differences.

What does this mean for you? The single most important takeaway is that you must know the specific rules for your court. A mistake of even one day can permanently forfeit your right to ask for reconsideration and may even impact your right to an appeal.

A motion to reconsider is not a wild Hail Mary pass; it's a precision instrument. To be successful, it must be based on one of a very limited set of legally recognized grounds. Simply disagreeing with the judge's conclusion is never enough.

This is the most common ground but also one of the hardest to prove. You are arguing that the judge made a mistake so obvious and significant that it's a “manifest error.”

• Clear Error of Law: This means the judge misunderstood or misapplied the relevant statute, case law, or legal standard.
  • Hypothetical Example: Imagine you are suing your landlord over a security deposit. A state law clearly says a landlord has 30 days to return the deposit or provide an itemized list of deductions. You present evidence that your landlord took 45 days. The judge, however, mistakenly applies a different law related to commercial leases and rules against you. This is a clear error of law. Your motion would point directly to the correct statute and argue the judge applied the wrong legal standard to the facts.
• Clear Error of Fact: This means the court's decision was based on a clear misunderstanding of an important, undisputed fact that was already in the record. This isn't about re-arguing the evidence; it's about the judge overlooking a “smoking gun” fact that was already presented.
  • Hypothetical Example: In a breach_of_contract case, the signed contract with the date “October 5” is Exhibit A in the evidence. In the ruling, the judge repeatedly states that the contract was signed on “November 5” and bases their entire decision on that incorrect date. Your motion would politely point the court to Exhibit A and show that its decision was based on a manifest factual error.

This ground is available when you find crucial evidence after the judge has already ruled. However, the bar is extremely high. You can't just introduce something you forgot to look for. You must prove three things:

1.  **The evidence existed at the time of the original hearing but was undiscoverable.**
2.  **You exercised "due diligence" in trying to find it before the hearing.** This means you have to show you made a reasonable effort and couldn't have found it sooner.
3.  **The evidence is so important that it would likely change the outcome of the case.**
  *   **Hypothetical Example:** You lose a lawsuit after a former employee testifies they never received a critical safety memo. The judge rules against your company. Two weeks later, another employee is cleaning out an old storage unit and finds a signed, dated receipt from the testifying employee for that exact memo. You could not have found this before because its location was unknown. This is powerful, newly discovered evidence that could justify reconsideration.

This is the rarest of the grounds. It applies when, in the short window between the judge's ruling and your motion, a higher court (like your state's Supreme Court or a federal Circuit Court of Appeals) issues a decision that changes the law governing your case.

• Hypothetical Example: A judge dismisses your case based on a long-standing legal precedent in your state. A week later, the State Supreme Court decides a different case and explicitly overturns that exact precedent. Your motion to reconsider would argue that there has been an intervening change in the controlling law, and under the new law, your case should be allowed to proceed.

• The Movant (The Filing Party): This is you or your attorney—the person who lost the original ruling and is now asking the judge for a second look. The movant bears the entire burden of convincing the judge that one of the narrow grounds for reconsideration exists.
• The Respondent (The Opposing Party): This is the party who won the original ruling. Their goal is to convince the judge that the original decision was correct and that the movant is just trying to get a “second bite at the apple.” They will file a response arguing that there was no error, the “new” evidence isn't new, or the movant is simply re-hashing old arguments.
• The Judge: This is the same judge who made the original decision. You are, in essence, asking the person in power to admit they made a mistake. This requires significant tact, respect, and a very strong, well-supported argument. The judge has broad discretion to grant or deny the motion.

Facing a negative court ruling is stressful. If you believe the judge made a clear error, you must act with extreme speed and precision. Here is a step-by-step guide.

As soon as you receive the court's order or judgment, read it carefully. Do not let it sit. The clock is ticking. Try to understand exactly *why* the judge ruled against you. What facts did they rely on? What law did they cite? This is the foundation of any potential motion.

Consult with your attorney immediately. This is not a DIY project. Review the three core grounds (clear error, new evidence, change in law). Do you have a good faith argument that one of them applies?

• Ask yourself honestly: “Am I just unhappy with the result, or did the judge truly overlook a critical piece of evidence or misread the law?” A lawyer can provide the objective perspective needed to answer this. Simply disagreeing is not grounds for reconsideration.

This is the most critical step. Your attorney will need to identify the specific rule that governs motions to reconsider in your jurisdiction and calculate the deadline. Is it 10 days? 15? 28? This date is non-negotiable. Missing it by even an hour can be fatal to your request. Consider this date a legal point of no return.

If you and your attorney decide to proceed, your legal team will draft a package of documents, which typically includes:

• The Motion itself: A short document formally asking the court to reconsider its ruling.
• A Memorandum of Law (or “Points and Authorities”): This is the heart of the request. It's a persuasive legal brief that lays out the facts, quotes the law, and explains precisely why the court's prior ruling was incorrect based on one of the narrow grounds. It must be respectful, clear, and highly focused.
• A Proposed Order: This is a draft of the order you want the judge to sign if they grant your motion.

Your attorney will file the completed motion package with the court clerk before the deadline and “serve” (formally deliver) a copy to the opposing party's attorney. This officially starts the process. The other side will then have a set amount of time to file their response.

The judge may decide the motion based on the written papers alone, or they may schedule a hearing for oral arguments. Once the judge rules, there are two main outcomes:

• Motion Denied: The original ruling stands. Your next and likely only option is to proceed with an appeal to a higher court.
• Motion Granted: The judge agrees to reconsider. This doesn't automatically mean you win the case. It means the judge has vacated the previous order and will now re-evaluate the issue. They might reverse their decision entirely, modify it, or ask for more information.

• The Motion to Reconsider (or Alter/Amend/Rehear): This is the formal, one-page document that officially makes the request. It will be titled according to your court's specific rules (e.g., “Plaintiff's Motion to Reconsider the Court's Order Granting Summary Judgment”). It states what ruling you want reconsidered and what relief you are seeking.
• Memorandum of Law in Support: This is the most important part. It is a multi-page document that is your written argument to the judge. It should be structured with clear headings, cite legal precedent (case_law), and apply that law to the facts of your case to demonstrate a manifest error or other valid ground. This document must be persuasive, not aggressive.
• Declaration or Affidavit: If your motion is based on newly discovered evidence, you will need a sworn statement (a declaration or affidavit) that explains what the new evidence is, how you discovered it, and why you couldn't have found it before the original ruling despite exercising due diligence.

Since motions to reconsider are procedural tools, their importance is best understood through practical examples rather than single “landmark cases.” Here are three common scenarios where such a motion becomes critical.

Backstory: A small business owner is sued by a customer who slipped and fell. The customer's lawyer files a motion_for_summary_judgment, arguing that there is no dispute the floor was wet and the business was negligent. The business owner's lawyer files an opposition, attaching a key piece of evidence: security camera footage showing that an employee had put up a “Wet Floor” sign just 60 seconds before the fall. The Ruling: The judge, handling a busy docket, reviews the written arguments but overlooks the security footage exhibit mentioned on page 47 of the appendix. The judge grants summary judgment in favor of the customer, stating in the order, “There is no evidence in the record that the defendant took any steps to warn of the hazard.” The Motion to Reconsider: The business owner's lawyer immediately files a motion to reconsider. The motion doesn't re-argue the law of negligence. Instead, it politely and respectfully states: “The Court's order appears to be based on a manifest error of fact, specifically the finding that no warning sign was present. The Court is respectfully directed to Exhibit G of Defendant's Opposition, which is video evidence clearly showing a warning sign was placed before the incident.” Impact: This is a perfect use of the motion. It's not introducing a new argument. It is pointing out a clear, outcome-determinative factual error by the court. A judge would very likely grant this motion, vacate the summary judgment, and allow the case to proceed to trial.

Backstory: An employee sues her employer for discrimination. The employer files a motion_to_dismiss, arguing that the specific type of discrimination claim the employee is making is not recognized under the current interpretation of state law, citing a 20-year-old State Supreme Court case. The Ruling: The trial court judge, bound by that precedent, reluctantly agrees and dismisses the employee's case on January 15th. The Change in Law: On January 25th, in a completely separate case, the State Supreme Court issues a landmark ruling that explicitly overturns the 20-year-old precedent, declaring that this type of discrimination claim is now valid in the state. The Motion to Reconsider: The employee's lawyer, who has a 30-day deadline, files a motion to reconsider on February 5th. The motion argues that there has been a clear “intervening change in controlling law.” Impact: This motion would almost certainly be granted. The legal basis for the trial judge's original decision has been eliminated by a higher court. The judge would vacate the dismissal and allow the employee's case to move forward.

Backstory: In a contentious divorce, a judge must decide on child custody. The law in the state requires the judge to consider a list of 12 specific “best interest of the child” factors. The Ruling: The judge issues a custody order granting sole custody to one parent. In the written ruling, the judge analyzes only 7 of the 12 required factors and completely fails to mention the other 5, one of which is the documented history of domestic violence by the parent who was awarded custody. The Motion to Reconsider (or Rehearing): The losing parent's attorney files a motion for rehearing. The argument is not simply that the judge reached the wrong conclusion, but that the judge committed a clear error of law by failing to apply the correct legal standard—that is, by failing to consider all 12 statutorily mandated factors. Impact: A family court judge would take this motion very seriously. The failure to consider all required factors is a significant legal error that would likely lead to the decision being reversed on appeal. The motion to reconsider gives the judge a chance to correct the error, issue a new, more thorough ruling that considers all 12 factors, and potentially avoid a lengthy appeal.

The motion to reconsider exists in a state of constant tension. On one hand, it is a vital safety valve in the justice system. It allows for the quick and efficient correction of clear errors, saving litigants and the courts the immense time and cost of an appeal. It promotes confidence in the judicial process by showing that courts are willing to correct their own mistakes. On the other hand, many judges and attorneys express frustration that these motions are frequently misused. They are often filed by disappointed litigants as a way to express disagreement or to get a “second bite at the apple” by re-hashing arguments that have already been rejected. This can be used as a tactic to delay the finality of a judgment and drive up costs for the opposing party. The debate centers on enforcement. Should courts be more aggressive in sanctioning attorneys who file frivolous motions to reconsider? Or does the risk of sanctions chill lawyers from filing meritorious motions, thus undermining the tool's purpose? This debate plays out in courtrooms daily as judges weigh the need for finality against the duty to achieve a just result.

The future of the motion to reconsider will be shaped by technology and the ever-increasing pace of information.

• The Impact of E-Filing: The universal adoption of e-filing systems has made the mechanics of filing easier, but it has also made deadlines even more unforgiving. A timestamp from an electronic system is absolute proof of when a document was filed. This reduces arguments over mail delays but increases the pressure for perfect procedural compliance.
• The “Newly Discovered Evidence” Challenge: In an age of vast digital information—emails, text messages, social media posts, and cloud data—the concept of “due diligence” is becoming more complex. What constitutes a reasonable search for evidence when terabytes of data could be relevant? Courts will increasingly have to grapple with when digital information is truly “newly discovered” versus when it was simply buried in a mountain of data that could have been searched more thoroughly before the initial ruling. This will likely lead to more stringent requirements for proving that digital evidence was genuinely undiscoverable.

• affidavit: A written statement confirmed by oath or affirmation, for use as evidence in court.
• appeal: A formal request to a higher court to review and reverse the decision of a lower court.
• brief: A written legal document presented to a court arguing why one party should prevail.
• case_law: Law that is based on judicial decisions rather than on constitutions, statutes, or regulations.
• discretion: A power or right conferred on a judge to act according to the dictates of their own judgment and conscience.
• e-filing: The system of submitting legal documents to a court through an electronic portal.
• final_judgment: The final decision of a court that resolves all disputed matters and ends the lawsuit.
• interlocutory_order: A temporary or interim order from a court made during the course of litigation.
• judicial_economy: The principle that judicial resources should be used as efficiently as possible.
• judgment: The official decision of a court in a lawsuit.
• movant: The party who files a motion with a court.
• pro_se: A party who represents themselves in court without an attorney.
• respondent: The party who responds to or opposes a motion filed by the movant.
• statute_of_limitations: A law that sets the maximum amount of time that parties have to initiate legal proceedings.

• appeal
• motion_for_a_new_trial
• motion_to_dismiss
• motion_for_summary_judgment
• federal_rules_of_civil_procedure
• final_judgment
• interlocutory_order