Motion of Plaintiff Requesting Court to Reconsider an Order and Notice of Motion to Defendant
What is this form?
The Motion of Plaintiff Requesting Court to Reconsider an Order is a legal document used to formally ask a judge to review and potentially change a previous ruling. This form differs from standard motions in that it specifically requests reconsideration of an order that has already been made, seeking relief that may not be available through regular pleadings. It allows the plaintiff to present new arguments or evidence that could alter the court's decision.
Key components of this form
- Caption: Identifies the parties involved and the case number.
- Grounds for Motion: Specifies the reasons for seeking reconsideration of the prior order.
- Relief Sought: Describes what the plaintiff is requesting from the court.
- Certificate of Service: Confirms that all relevant parties have been notified of the motion.
- Notice of Motion: Provides details on when and where the motion will be heard in court.
State-specific requirements
This form is a general template that may be used in several states. Because requirements differ, review your state’s laws and adjust the document before using it.
Situations where this form applies
This form is needed when a plaintiff believes that a court order has been made that warrants further examination. Situations may include new evidence arising after the ruling, changes in law that may affect the ruling, or arguments that were not adequately addressed in the initial hearing. It's typically used when the plaintiff seeks to correct what they believe to be an error or injustice in the court's previous decision.
Who can use this document
- Plaintiffs who have a pending case in court.
- Individuals seeking to contest a court order that they believe is incorrect.
- Lawyers representing clients who wish to file for reconsideration on their behalf.
- Anyone needing to formally request a change to a court order based on new information or arguments.
Steps to complete this form
- Identify the names of the parties involved and the case number at the top of the form.
- Clearly specify the date of the original order you want the court to reconsider.
- State the grounds for your motion in detail, explaining why reconsideration is warranted.
- Specify the relief you are seeking from the court in response to your motion.
- Fill out the certificate of service to ensure proper notification to all parties involved.
Does this form need to be notarized?
Notarization is not commonly needed for this form. However, certain documents or local rules may make it necessary. Our notarization service, powered by Notarize, allows you to finalize it securely online anytime, day or night.
Mistakes to watch out for
- Failing to provide sufficient grounds for the motion.
- Omitting the date of the original court order being challenged.
- Not serving the notice of the motion to all parties involved in the case.
- Using language that is too technical or unclear for the court to easily comprehend.
Why use this form online
- Convenience of downloading and completing the form from anywhere.
- Editability allows users to tailor the form to their specific situation.
- Access to attorney-drafted templates ensures legal accuracy and compliance.
- Quick and easy access to legal forms can expedite the legal process.
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.
You simply need to request that the court deny the defendant's motion to dismiss. For example, you could write the following: For the foregoing reasons and all the others discussed in Plaintiff's Complaint, the present Motion to Dismiss should be denied.
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.
Fill out the forms. You have to fill out at least 2 forms, maybe more, to file your opposition. File the forms. Turn in your completed forms by mail or efiling. Serve the other party. Get ready for the hearing. Prepare an 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.
Overview. If one party to a case has filed a motion with the court, the other side can file an opposition. An opposition is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. It is your opportunity to oppose the other side's request.
An order denying a motion for reconsideration is not appealable, the remedy being an appeal from the judgment or final order.
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.
