Acceptance of a motion generally is within a trial court's sound discretion, and the court may refuse to hear a motion which is repetitive or is made for an improper purpose such as harassment, unnecessary delay, or needless increase in the cost of litigation.
Keywords: New York, motion to reargue, types Description: In the legal realm, a motion to reargue holds significant importance for parties who believe that a court has made an error in its judgment or decision. In New York, a motion to reargue serves as a way to request the court to reconsider a previous ruling based on specific grounds. It allows the opportunity to provide additional arguments or present new evidence that was not available during the initial proceedings. This motion can be crucial in rectifying any potential errors or injustices that occurred during the initial decision-making process. New York recognizes different types of motions to reargue, primarily categorized based on the specific legal context in which they are filed: 1. Civil Motion to Reargue: This type of motion is commonly filed in civil cases, allowing parties to seek reconsideration on issues related to legal errors, improper interpretation of law, and significant new facts or evidence that were not presented during the original proceedings. A civil motion to reargue is governed by New York Civil Practice Law and Rules (CPR) Section 2221. 2. Criminal Motion to Reargue: In criminal cases, a motion to reargue is generally referred to as a motion for reconsideration. It provides an avenue for defendants to challenge a court's ruling on issues such as evidentiary matters, constitutional violations, or erroneous jury instructions. The standard for filing a criminal motion to reargue is set forth in the New York Criminal Procedure Law (CPL) Section 440.30. 3. Appellate Motion to Reargue: If a party wishes to challenge an Appellate Division's decision, they can file an appellate motion to reargue. This type of motion seeks a review of the decision rendered by the appellate court, presenting arguments on why the court should reconsider its ruling. The grounds for an appellate motion to reargue are typically limited to errors in legal reasoning or the discovery of new evidence. The rules and procedures governing appellate motions to reargue can be found in the Appellate Division's individual rules and regulations. In summary, a motion to reargue in New York provides parties with an essential legal tool to request a court's reconsideration of a prior ruling. Whether filed in civil, criminal, or appellate matters, this motion seeks to rectify errors, present new evidence, or challenge the application of law to ensure a fair and just outcome.
