Colorado Motion of Defendant Requesting Court to Reconsider an Order and Notice of Motion to Plaintiff

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US-01057BG
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Description

A motion is an application to a judge or court requesting a specific order directing performance of an act for the benefit of the applicant. A motion may be directed strictly to a procedural defect or matter. However, it is usually used to obtain relief not available through other pleadings. An order is a direction by a judge or court that certain actions should or should not be performed, and is usually, although not always, made in response to a party's motion.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

How to write a letter of reconsideration of appeal Confirm the recipient's information. ... Consider why you want a reconsideration. ... Find out why they passed. ... Support your request. ... Add a conclusion.

Motions to Reconsider. Such a motion must allege a manifest error of fact or law that clearly mandates a different result or other circumstance resulting in manifest injustice.

In Colorado, a motion for reconsideration is a request for sentence reduction made by a defendant who has already been convicted and sentenced for a criminal offense. Also called 35(b) proceedings, the process provides defendants with a second chance to argue for lesser penalties. may consider new evidence.

How do I file the motion? Motions for consideration must be made in writing. The motion may also include new evidence that has surfaced after the sentencing hearing in Colorado court. Once the motion for reconsideration is filed, the judge may rule on it with or without holding a hearing on the matter.

Rule 21 - Misjoinder and Nonjoinder of Parties. Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just.

Rule 35 - Determination of Appeal (a) Disposition of Appeal. The appellate court may, in whole or in part, dismiss an appeal; affirm, vacate, modify, reverse, or set aside a lower court judgment; and remand any portion of the case to the lower court for further proceedings.

After a nonjury trial, the court may, on motion for a new trial, open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new ones, and direct the entry of a new judgment. (b) Time to File a Motion for a New Trial.

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Colorado Motion of Defendant Requesting Court to Reconsider an Order and Notice of Motion to Plaintiff