Mississippi Motion to Reconsider Order Denying Remand
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FAQ
A motion for reconsideration is a legal request that allows you to ask the judge to reconsider his/her ruling. Depending on your state's laws, a motion for reconsideration may be an option in situations:new evidence is available that you were not able to present before the judge made a decision.
In a line of cases, the Court has then entertained and granted second motions for reconsideration in the higher interest of substantial justice, as allowed under the Internal Rules when the assailed decision is legally erroneous, patently unjust and potentially capable of causing unwarranted and irremediable
Grounds of and period for filing motion for reconsideration. Within the period for taking an appeal, the aggrieved party may move for reconsideration upon the grounds that the evidence is insufficient to justify the decision or final order, or that the decision or final order is contrary to law.
You cannot appeal a court decision simply because you are unhappy with the outcome; you must have a legal ground to file the appeal. If the judge in your case made a mistake or abused his/her discretion, then you might have grounds to file an appeal.
Write a motion for reconsideration. You must explain why you think the ruling is wrong and the reason must be one of the nine reasons listed in Civil Rule 59(a) (on back of page). 2. File the motion within ten calendar days after the judge or court commissioner made the ruling.
There are basically 3 stages to a civil appeal in Mississippi. First, you file your notice of appeal and other preliminary documents. Critically, you MUST file your notice of appeal within 30 days of the trial court's final judgment. In some cases, you should file a post-trial motion within 10 days of the judgment.
Just as with your motion to stay, begin your motion for reconsideration by stating who you are, what you are asking of the judge, and which rule gives you permission to ask. From there on out, use the rule itself as a general outline for your motion.
