South Dakota Motion of Defendant Requesting Court to Reconsider an Order and Notice of Motion to Plaintiff

State:
Multi-State
Control #:
US-01057BG
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Word; 
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Description

A motion is an application to a judge or court requesting a specific order directing performance of an act for the benefit of the applicant. A motion may be directed strictly to a procedural defect or matter. However, it is usually used to obtain relief not available through other pleadings. An order is a direction by a judge or court that certain actions should or should not be performed, and is usually, although not always, made in response to a party's motion.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Motion of Defendant Requesting Court to Reconsider an Order and Notice of Motion to Plaintiff
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FAQ

(a) Purpose ? A motion to reconsider either identifies an error in law or fact in the immigration judge's prior decision or identifies a change in law that affects an immigration judge's prior decision and asks the immigration judge to reexamine their ruling.

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.

A motion to reconsider must state with particularity the errors of fact or law in the prior Board decision, with appropriate citation to authority and the record. If a motion to reconsider is premised upon changes in the law, the motion should identify the changes and, where appropriate, provide copies of that law.

A motion for reconsideration is not a separate and appealable order. Rather, it is ?an invitation to the court to consider exercising its inherent power to vacate or modify its own judgment.? Breeden v. , 598 NW2d 441, 444 ( 1999).

Answer: Filing a Motion for Reconsideration is a legal remedy available in the Philippines when a party disagrees with a court's decision. If your case was dismissed in Quezon City, and you believe that the decision was not given proper attention, you can file a Motion for Reconsideration.

For the purposes of this chapter, harasses means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, or harasses the person, and which serves no legitimate purpose.

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.

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South Dakota Motion of Defendant Requesting Court to Reconsider an Order and Notice of Motion to Plaintiff