Mississippi Motion for Reconsideration

State:
Mississippi
Control #:
MS-62704
Format:
Word; 
Rich Text
Instant download

Definition and meaning

The Mississippi Motion for Reconsideration is a legal request made to a court to review and change a previous ruling or judgment. This type of motion allows a party to challenge the court's decision based on specific grounds, such as errors in law or fact that may have led to an unjust outcome. Essentially, it provides an opportunity for the aggrieved party to seek a re-evaluation of their case before the same court.

Who should use this form

The Mississippi Motion for Reconsideration is primarily intended for individuals or entities that have lost a case and believe that there are legitimate reasons to alter the court's previous decision. Typically, parties who should consider using this form include:

  • Litigants who wish to contest specific aspects of a judgment.
  • Individuals seeking to clarify or amend court orders.
  • Attorneys representing clients who believe an error occurred.

Key components of the form

When filling out a Mississippi Motion for Reconsideration, it is essential to include the following key components:

  • Heading: Clearly state your name, address, and contact details, as well as the court's name and case number.
  • Introduction: Begin with a formal introduction stating your intent to file the motion.
  • Grounds for Reconsideration: Clearly outline the reasons why the court should reconsider its decision.
  • Relief Sought: Specify the changes you wish to be made to the original judgment.
  • Signature Block: Include your signature, along with that of your attorney if applicable.

Common mistakes to avoid when using this form

When preparing a Mississippi Motion for Reconsideration, individuals should be cautious of these common mistakes:

  • Failing to adhere to the deadlines for filing the motion, which could lead to dismissal.
  • Not providing sufficient detail or evidence to support the request for reconsideration.
  • Using legal jargon without explanation, which may confuse the court.
  • Neglecting to proofread for errors that could undermine the motion's credibility.

State-specific requirements

Filing a Mississippi Motion for Reconsideration requires understanding the state-specific rules, which include:

  • Compliance with local court rules regarding formatting and submission.
  • Filing within a specified time frame following the judgment, typically within 10 days.
  • Possible requirements for a notice of hearing to be scheduled if a hearing is needed.
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FAQ

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.

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.

Section 1. New trial or reconsideration. At any time before a judgment of conviction becomes final, the court may, on motion of the accused or at its own instance but with the consent of the accused, grant a new trial or reconsideration.

Section 1. Filing of Motion for Reconsideration. - A party adversely affected by a final order, resolution, or decision of the Commission rendered in an adjudicative proceeding may, within fifteen (15) days from receipt of a copy thereof, file a motion for reconsideration.

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.

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.

An order denying a motion for reconsideration is not appealable, the remedy being an appeal from the judgment or final order.

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Mississippi Motion for Reconsideration