New York Motion to Reconsider Judgment
What this document covers
A Motion to Reconsider Judgment is a legal document utilized to request that a court review and potentially change its previous judgment. This type of motion is typically filed by a party who believes that the court overlooked critical evidence or failed to consider important facts during the initial ruling. Unlike appeals, which are filed in higher courts, a motion to reconsider is generally submitted to the same court that issued the original judgment.
Form components explained
- Name of the court and parties involved (plaintiff and defendant)
- Specific date of the original judgment
- Grounds for the motion, including details supporting the request for reconsideration
- Exhibits or evidence referred to in the motion
- Signature of the plaintiff with printed name
- Certificate of service, confirming delivery to the other party
- Notice of motion, detailing when and where the motion will be heard
State law considerations
This Motion to Reconsider Judgment is tailored for use in New York and should align with the relevant state laws governing such motions. It is important to review specific local rules regarding deadlines and format before filing.
When this form is needed
This form should be used when a party believes that a court made a mistake in its judgment or failed to take into account vital evidence. Common scenarios for filing a Motion to Reconsider Judgment include instances where new evidence has emerged, where the court made an error in interpreting the law, or when the judgment is deemed unjust or improper based on the presented facts.
Who this form is for
- Individuals or businesses who were parties in a legal case and received an unfavorable judgment
- Attorneys seeking to assist clients in challenging a court decision
- Plaintiffs wishing to present new evidence that may affect the outcome of their case
Steps to complete this form
- Identify the parties involved and input the names of the plaintiff and defendant.
- Specify the date of the original judgment that you seek to have reconsidered.
- Clearly state the grounds for your motion, detailing the reasons for the court to reconsider its judgment.
- Include any relevant exhibits or evidence that support your claims.
- Sign and print your name, ensuring you provide all necessary contact information.
- Prepare the Certificate of Service to confirm that the motion was delivered to the opposing party.
Notarization guidance
This form usually doesn’t need to be notarized. However, local laws or specific transactions may require it. Our online notarization service, powered by Notarize, lets you complete it remotely through a secure video session, available 24/7.
Typical mistakes to avoid
- Failing to provide specific grounds for reconsideration, leading to a lack of clarity in the motion.
- Missing deadlines for filing the motion, which can result in dismissal.
- Omitting necessary exhibits that support your claims.
- Neglecting to properly serve copies to the opposing party and their counsel.
Advantages of online completion
- Convenience of downloading and completing the form at your own pace.
- Access to templates drafted by licensed attorneys, ensuring legal compliance.
- The ability to edit as needed before finalizing your submission.
- Instant access to legal forms without the need for in-person visits to a law office.
Form popularity
FAQ
A motion on an appeal decision is a request for the official who made the latest decision in the proceeding (i.e., the AAT adjudicator) to review the unfavorable 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.
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.
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.
An order denying a motion for reconsideration is not appealable, the remedy being an appeal from the judgment or final order.
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. 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.
