A motion for reconsideration is a legal procedure used in New Jersey personal injury cases to request the court to review its ruling or decision. This motion allows either party, the plaintiff or the defendant, to ask the court to reconsider its ruling based on specific grounds. New Jersey courts recognize various types of motions for reconsideration in personal injury cases depending on the circumstances. Let's explore some main types: 1. New Jersey Motion for Reconsideration — PersonaInjuryur— - Legal Grounds: This type of motion is filed when either party believes that the court erred in its legal interpretation or misapplied the law in reaching its decision. The party seeking reconsideration must present legal arguments, case law, or statutes to support their claim that the court made a legal error. 2. New Jersey Motion for Reconsideration — PersonaInjuryur— - Factual Grounds: This motion is used when new evidence or facts become available after the court's decision that could potentially change the outcome of the case. The party filing the motion must clearly demonstrate that these newly discovered facts were not previously available and that they are significant enough to alter the court's decision. 3. New Jersey Motion for Reconsideration — PersonaInjuryur— - Procedural Grounds: Procedural errors or irregularities during the trial or during the decision-making process can be grounds for a motion for reconsideration. If a party can demonstrate that the court committed a procedural error, such as improperly admitting or excluding evidence, this type of motion can be used to request the court to reconsider its decision. 4. New Jersey Motion for Reconsideration — PersonaInjuryur— - Changes in Law: This motion is typically filed when there is a change in the governing law that directly impacts the court's decision. If a new precedent-setting case is issued or if legislation is enacted after the court's ruling, a party can file a motion for reconsideration based on these changes, arguing that the new legal developments require the court to reassess its decision. In conclusion, a New Jersey motion for reconsideration in a personal injury case is a legal tool used by either party to request the court to review and potentially alter its decision based on specific grounds. This motion can be filed on legal, factual, procedural, or changes in law grounds, depending on the circumstances of the case.
New Jersey Motion for Reconsideration - Personal Injury
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. (a)Form; Contents. A judgment or order shall not contain a recital of the pleadings or the record of prior proceedings.
. (a)Grounds of Motion. A new trial may be granted to all or any of the parties and as to all or part of the issues on motion made to the trial judge.
The Court Rules require that a motion for reconsideration of a final order must be filed within 20 days after the Order has been served and must ?state with specificity the basis on which it is made, including a statement of the matters or controlling decisions which counsel believes the court has overlooked or as to ...
Lawsuits for amounts up to $20,000 are called special civil cases. They are filed in Superior Court, in the special civil part of the civil division.
One of the advantages of going in for a Motion for reconsideration is that it acts as a cost effective appeal. You don't have to pay fresh filing fees or submit records to overcome the wrong decision.
-11(a)(ii), the annual post-judgment interest rate is equal to the average rate of return for the State of New Jersey Cash Management Fund for the preceding fiscal year, rounded off to the nearest whole or one-half percent, but the rate shall not be less than 0.25%.
?Motions for reconsideration are applicable only when the court's order is based on plainly incorrect reasoning, when the court failed to consider evidence, or there is good reason for it to consider new information on an issue decided.? [Cummings v. Bahr, 295 N.J. Super. 374, 384-385 (App. Div.
If a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules or court order, or if the answer has been stricken with prejudice, the clerk shall enter a default on the docket as to such party.