Federal District Court Motion For Reconsideration
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FAQ
Under Rule 59(a), a new trial may be granted in both jury and nonjury cases with respect to all or any of the parties. A motion for a new trial is addressed to the inherent power of the trial court to reconsider the decision in the case and grant a new trial to prevent a miscarriage of justice.
A motion for reconsideration is a prime opportunity to seek relief from a Court Order. A motion for reconsideration is an application to the Court requesting that the Court alter or amend a judgment or order, and it must be served no later than twenty (20) days after the order has been served on all parties.
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.
A motion to reconsider is a post-trial motion where you to ask the Judge who heard your case to amend his or her ruling. This is done for two primary reasons: One, you believe the Judge misunderstood your case, which led to the wrong decision. Two, the Judge failed to rule on an issue in your case.
The filing of this motion essentially asks the judge in your case to reconsider the decision in light of other circumstances, facts, and laws in relation to this determination that were not considered in the original hearing.