Categories: Court Info

Federal Civil Procedure: Motion for Reconsideration Guide

What is a Motion for Reconsideration? This guide delves into the legal procedures and strategic considerations for filing a motion for reconsideration in the U.S. federal courts. Learn about the strict standards and common pitfalls to avoid when seeking to challenge a court’s ruling.

Introduction: Understanding Reconsideration Motions

A motion for reconsideration is a critical tool within the legal procedures of the U.S. court system, allowing parties to ask a court to review a recent decision. Unlike a standard appeal, which typically goes to a higher court, this motion is filed with the same judge who made the original ruling. It is a request to “reconsider” a judgment, order, or final decision based on new evidence or a clear error of law. This guide explores the strategic and procedural aspects of this important filing and the strict standards that apply to it.

Tip Box: Reconsideration vs. Appeal

A motion for reconsideration is filed with the trial court, while an appeal is filed with a higher appellate court. Reconsideration is for a narrow set of circumstances, such as a clear factual error, whereas an appeal reviews the entire record for legal mistakes.

Grounds for Filing a Motion for Reconsideration

Filing a motion for reconsideration is not a chance to re-argue points you have already made. Federal courts have established a very high bar for granting these motions. The purpose is not to allow a party to re-litigate a case or simply voice their dissatisfaction with the outcome. Generally, there are three primary grounds on which a motion for reconsideration may be granted:

New Evidence: The discovery of new evidence that was previously unavailable despite diligent efforts. The evidence must be significant and likely to produce a different result.
Clear Error of Law: A clear legal or factual error made by the court in its original decision. This is not about disagreeing with the judge’s reasoning but about demonstrating a clear, unambiguous mistake.
Preventing Manifest Injustice: In rare cases, a motion may be granted to prevent a “manifest injustice.” This is an extremely high standard, typically reserved for situations where the court’s order would result in an unfair or unconscionable outcome.

Cautionary Alert: The “Re-Argument” Trap

Do not use a motion for reconsideration to simply re-argue your case. Doing so is not only ineffective but can also be seen as a waste of judicial resources and may result in sanctions.

Legal Procedures: Timing and Requirements

The rules governing motions for reconsideration are governed by the Federal Rules of Civil Procedure (FRCP), specifically Rules 59(e) and 60(b). It is crucial to adhere to the strict deadlines and procedural requirements:

Rule	Purpose	Time Limit
FRCP 59(e)	Motion to Alter or Amend a Judgment	Must be filed no later than 28 days after the entry of the judgment.
FRCP 60(b)	Motion for Relief from a Judgment or Order	Varies by subsection, but generally within a “reasonable time” or no later than one year after the entry of the judgment.

Each rule serves a different purpose. Rule 59(e) is used for seeking a substantive change to a judgment, while Rule 60(b) is for seeking relief from a judgment due to specific reasons like mistake, inadvertence, or newly discovered evidence. It’s essential to cite the correct rule and provide a clear, concise brief explaining the grounds for your request.

Common Misconceptions and Strategic Considerations

Navigating the process of filing a motion for reconsideration requires a clear understanding of what is and is not permitted. One of the most common misconceptions is that these motions can be used as a substitute for an appeal. In reality, they are a powerful but very limited tool.

Case Example: The Missing Document

In a contract dispute, the court ruled against a party because a key document was not submitted during the trial. The party later found the document in their files, proving it was a clear factual error. The court granted the motion for reconsideration under FRCP 60(b) to admit the new evidence and amend its judgment, thus preventing a manifest injustice.

Before filing, it is crucial to conduct a thorough review of the original ruling, gather any new evidence, and draft a compelling brief. This brief should clearly articulate the specific grounds for the motion, supported by relevant legal precedents. For instance, if you are citing a clear error of law, you must identify the specific legal principle that was misapplied by the court.

Summary: Key Takeaways for Your Motion

Adhere to Strict Deadlines: Pay close attention to the 28-day deadline for FRCP 59(e) and the varying timelines for FRCP 60(b). Missing these deadlines will almost certainly result in your motion being denied.
Focus on the Grounds: Your motion must be based on one of the accepted grounds: new evidence, a clear error of law, or to prevent a manifest injustice. Do not simply repeat old arguments.
Draft a Clear Brief: The brief should be concise and direct, explaining exactly what the court got wrong and why it should reconsider its decision. Reference specific legal statutes and case law to support your position.

Essential Checklist for Reconsideration Motions

Identify the specific rule (FRCP 59(e) or 60(b)).
Confirm your motion is timely filed.
Identify the specific error or new evidence.
Prepare a brief supported by legal authority.
Serve the motion on all other parties.

Frequently Asked Questions (FAQs)

Q1: Can I file a motion for reconsideration just because I don’t like the judge’s decision?

No. A motion for reconsideration is not a vehicle for expressing dissatisfaction. It must be based on one of the specific grounds recognized by the federal rules, such as a clear error of law or new, previously unavailable evidence.

Q2: What is the difference between a motion under FRCP 59(e) and FRCP 60(b)?

FRCP 59(e) is a post-judgment motion to alter or amend a judgment, with a strict 28-day deadline. FRCP 60(b) is for seeking relief from a judgment for reasons like mistake, fraud, or newly discovered evidence, and its deadlines are more flexible but still limited.

Q3: What happens if I miss the deadline to file?

If you miss the deadline for an FRCP 59(e) motion, the court has no jurisdiction to hear it. While FRCP 60(b) offers more flexibility, it is still not a tool to be used years after a judgment. Timeliness is critical for all legal motions.

Q4: Does filing a motion for reconsideration stop the clock for an appeal?

No, not automatically. You must file a separate notice of appeal with the appropriate appellate court. In fact, filing a motion for reconsideration can sometimes delay the start of the appeal period. Consult with a legal expert to ensure you are following the correct procedure.

Disclaimer: This blog post provides general information and is not a substitute for professional legal advice. The laws and procedures discussed are subject to change and may vary depending on the specific jurisdiction and facts of a case. For personalized legal guidance, consult with a qualified legal expert.

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