![]() ![]() ![]() For more information about appeals, see our File an Appeal section. If the judge rules against you on your motion, s/he may use it as an opportunity to make the ruling harder to appeal by strengthening his/her factual findings or legal analysis against your position. If you are considering also filing an appeal, however, talk to a lawyer about the pros and cons of filing a Motion for Reconsideration first. when new evidence is available that you were not able to present before the judge made a decision.Corrigan, Chief United States District Judge Elizabeth Warren, Clerk of Court. when you believe the judge did not consider or properly examine certain evidence or correctly apply the law or United States District Court Middle District of Florida Timothy J.Depending on your state’s laws, a Motion for Reconsideration may be an option in the following situations: 2 The function of the motion, and not the caption, dictates which Rule is applicable. As a preliminary matter, the court must determine whether a procedural rule governs defendant’s motion. The most common type of post-trial motion is a Motion for Reconsideration in which you are asking the judge to reconsider his/her ruling and change one specific part of the court order or the court’s overall ruling. In its motion to reinstate the complaint, plaintiff cites no procedural rule under which this court should consider its motion. Holding: Defendants motion for reconsideration is granted in part to the extent it seeks an indicative ruling pursuant to FRCP 62.1(a)(3) Defendants motion for reconsideration is held in abeyance because the court lacks authority to grant further relief unless the court of appeals remands the case. After a trial, there are several types of motions that can be filed to address possible trial errors. 1.530(a) allows a party to raise practically anything for the first time in a motion for rehearing. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |