Oklahoma Motion for Reconsideration — Personal Injury: Understanding the Legal Remedy In the state of Oklahoma, a Motion for Reconsideration in a personal injury case refers to a legal remedy available to parties who wish to challenge a court's decision or order. This motion allows the aggrieved party to present arguments or evidence that may persuade the court to reconsider its ruling. It is crucial to understand the different types and requirements associated with this motion to effectively navigate the legal system. 1. Standard Motion for Reconsideration: This is the most common type of motion filed in personal injury cases in Oklahoma. It is typically used when a party firmly believes that the court's decision is based on incorrect legal interpretations, errors in fact-finding, or misapplication of the law. The standard motion aims to present a compelling argument that convinces the court to reevaluate its initial decision. 2. New Evidence Motion for Reconsideration: In certain scenarios, new evidence may emerge after the court's decision, which could have a significant impact on the outcome of a personal injury case. In such cases, the aggrieved party can file a New Evidence Motion for Reconsideration, presenting this information to the court. The new evidence must not have been discoverable before or introduced during the initial hearing for this motion to be viable. 3. Manifest Error Motion for Reconsideration: When a party believes that the court made an obvious or manifest mistake in its ruling, they can file a Manifest Error Motion for Reconsideration. This motion is typically utilized when an error, such as a miscalculation, factual discrepancy, or misapplied precedent, is evident in the court's decision. To successfully attain reconsideration, the moving must clearly demonstrate the presence of a manifest error that would affect the case's outcome. To file a Motion for Reconsideration in Oklahoma, certain guidelines must be followed: a) Timeliness: The motion must be filed within a specific timeframe after the court's decision. Generally, Oklahoma requires the motion to be filed within ten days after the entry of the final order or judgment. b) Supporting Documentation: The moving needs to provide a detailed written argument, including references to case law and specific aspects of the court's decision that are being contested. Depending on the type of motion filed, supporting evidence or affidavits may also be required. c) Service Requirement: The motion must be served to the opposing party, informing them of the intent to challenge the court's decision. The opposing party will then have an opportunity to respond to the motion and present counter-arguments. d) Court Hearing: Upon receiving the motion and a response from the opposing party, the court will decide whether a hearing is necessary. If the court deems it necessary, both parties will be given an opportunity to present their arguments to the court. While a Motion for Reconsideration provides an avenue for challenging a court's decision or order, it is essential to consult with an experienced personal injury attorney in Oklahoma. They can guide you through the legal process, weigh the potential risks and benefits, and determine the most effective strategy to achieve a favorable outcome.
Oklahoma Motion for Reconsideration - Personal Injury
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App. 4th 150, 160). Unlike a motion for reconsideration, a renewed motion does not ask the court to modify, amend, or revoke the prior order, but instead it is a pure renewal of the first motion.
A motion to reconsider either identifies an error in law or fact in a prior Board decision or identifies a change in law that affects a prior Board decision and asks the Board to re-examine its ruling. A motion to reconsider is based on the existing record and does not seek to introduce new facts or evidence.
If you have appeal rights, you may file both an appeal and a motion. While the motion is considered and decided by the official who made the decision on which the motion is based, an appeal will be reviewed and decided by an independent staff and authority.
The request for reconsideration must clearly show an error of fact or law material to the decision. The Judge may also reconsider a decision on his or her own initiative.
FRCP Rule 12(b) pertains to pretrial motions, and 12(b)(6) specifically deals with motions to dismiss for failure to state a claim upon which relief can be granted. As a practical matter, Rule 12(b)(6) motions are rarely successful, and when they are, their success usually has more to do with the judge than the law.
An appeal to the Supreme Court of Oklahoma, if taken, must be commenced by filing a petition in error with the Clerk of the Supreme Court of Oklahoma within thirty (30) days from the date a judgment, decree, or appealable order prepared in conformance with Section 696.3 of this title is filed with the clerk of the ...
A motion for reconsideration is a prime opportunity to seek relief from a Court Order. A motion for reconsideration is an application to the Court requesting that the Court alter or amend a judgment or order, and it must be served no later than twenty (20) days after the order has been served on all parties.