Motion For Reconsideration

State:
Multi-State
Control #:
US-PI-0222
Format:
Word; 
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Description Motion Reconsideration Document

This form is a motion for reconsideration filed by the plaintiff in a personal injury action requesting the court to amend its prior judgment and include in its award pre-judgment interest.

Title: Understanding the Motion for Reconsideration in California: Examples and Types Introduction: In California, a Motion for Reconsideration is a legal tool available to parties seeking to challenge a court's decision based on legal errors or newly discovered evidence. This detailed description will explore what a Motion for Reconsideration is, provide relevant examples, and outline different types of such motions in the California legal system. 1. Motion for Reconsideration Definition: A Motion for Reconsideration is a written request submitted to the court to review and alter its decision. It allows parties to present arguments, highlighting errors of law, misinterpretation of facts, or new evidence that could have a significant impact on the case. 2. Examples of a Motion for Reconsideration: a. Legal Error: An example of a Motion for Reconsideration based on legal error would be when one party argues that the court made a mistake in applying the law to the case. The motion could provide legal precedents, statutes, or case law to support the argument. b. Newly Discovered Evidence: Another example of a Motion for Reconsideration can be based on newly discovered evidence that was not available during the initial proceedings. For instance, if one party discovers new evidence that proves their innocence or undermines the opposing party's case, they can file a motion requesting the court to reconsider its decision. c. Change in Circumstances: Sometimes, a Motion for Reconsideration can be filed based on changed circumstances. For example, if there is a significant change in applicable laws or regulations that impacts the case, a party may request the court to reconsider its previous ruling. 3. Types of Motion for Reconsideration in California: a. Civil Motion for Reconsideration: Civil cases may require parties to file a Motion for Reconsideration to address errors of law or new evidence. This type of motion allows parties to challenge decisions made during trials or at post-trial stages, such as judgments or orders. b. Criminal Motion for Reconsideration: In criminal cases, the defense may file a Motion for Reconsideration to challenge adverse court rulings. This may happen before or after sentencing and can be used to argue for a new trial, present newly discovered evidence, or highlight legal errors. c. Family Law Motion for Reconsideration: In family law cases (divorce, child custody, etc.), parties may seek a Motion for Reconsideration to challenge court decisions regarding spousal support, child support, visitation rights, or property division. The motion aims to present grounds for the court to reconsider its previous ruling. Conclusion: A Motion for Reconsideration in California enables parties to request the court's review and revision of its decision based on legal errors or newly discovered evidence. Through various examples, we illustrated how such motion can be employed in cases involving legal error, new evidence, or changed circumstances. Understanding the different types of Motion for Reconsideration, whether in civil, criminal, or family law cases, helps parties navigate the legal system effectively and seek revisions when deemed necessary.

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Motion For Reconsideration