However, judges are human beings like the rest of us, and therefore, they don’t like being told they were wrong. Generally, motions for reconsideration are discretionary and should be granted in the interests of justice. Judges are frequently very busy, and motions for reconsideration are often used improperly by attorneys and unrepresented individual alike. Need to file a Motion to Reconsider? Call DeTommaso Law Group now at (908) 274-3028 to schedule a consultation with an attorney! When Can You File a Motion for Reconsideration?Ĭourt Rule 4:49-2 governs Motions to Alter or Amend a Judgment or Order and provides that the motion must be filed within 20 days after it has been received and must “state with specificity the basis on which it is made, including a statement of the matters or controlling decision which counsel believes the court has overlooked or as to which it has erred.”īe warned, these standards are incredibly strict. These standards are very different, so I will address one and then the other. There are legal standards governing reconsideration of pendente lite (a Latin term meaning “during the proceeding”) orders and final orders.
What Is a "Motion to Reconsider?"Ī Motion for Reconsideration is a motion that you file when you want the judge to take a second look at a decision that you feel was incorrect.Ī Motion for Reconsideration will not, however, be granted simply because you disagree with the outcome. While it can be difficult to get a judge to think again on a decision he or she made just a short while beforehand, it is often possible with the right combination of factual and legal knowledge. Fortunately, however, there is a sliver of hope: the motion for reconsideration. Unfortunately for many going through the divorce process, judges can and often do get issues wrong. If judges were perfect, we wouldn’t need a Court of Appeals.