In fact, do not even cut and paste from that prior brief to the extent you can avoid it. To make sure your brief is fresh and addresses reasons to reconsider rather than just rehashing old ground, do not copy your prior brief and try to modify it. Make your points, back them up and conclude. You need to convince your judge that he or she got it wrong. In this posture, appeal to the judge's desire to issue correct decisions.
SAMPLE MOTION FOR RECONSIDERATION CALIFORNIA PROFESSIONAL
More than other briefs, this brief needs to be on point and well organized, and portray a professional tone. Give your judge exactly what he or she needs at his or her fingertips to consider what you are saying. It is important to articulate precisely and economically the grounds for reconsideration. This requires that you analyze the possible mistakes, evaluate the law, educate your client and arrive quickly at a decision to begin the briefing and gather any necessary declarations.īriefing Style. You also need to decide upon your strategy quickly after the ruling. For example, if you need a transcript to support your motion, you must make the necessary arrangements in short order. This short timeline requires quick action. The motion must be brought within 10 days of the judgment, order or decision. The cause must "materially" affect "the substantial rights of such parties." Each rule provides the litigator with an opportunity to overcome a setback.ĬR 59(a) applies not only to new trials, but to reconsideration of "any other decision or order." The rule lists nine specific "causes," one of which must be found to justify reconsideration. Additionally, while CR 59(a) provides specific reasons that must be found to justify reconsideration, CR 54 is more open-ended. This article will address motions for reconsideration of orders or decisions under CR 59(a) and motions for reconsideration of partial summary judgments under CR 54. A thoughtfully presented motion for reconsideration could be just the ticket. Trial courts are interested in avoiding or correcting mistakes. Judicial economy favors correction of mistakes as early as possible, before costly and time-consuming appeals begin. Where a mistake has truly occurred or you feel the court missed a critical point, seize the opportunity to get your case back on track. This is not a second bite at the same motion practice, but an opportunity to advance the correct adjudication of a matter. True, you should avoid motions for reconsideration that do not raise overlooked grounds and do not pointedly and specifically indicate how the court has erred. Practitioners need not feel overly pessimistic about the odds for success if they have reasonable grounds for the motion. Motions for reconsideration are essential litigation tools.