In California, a Motion For Reconsideration is a post-judgment or post-order request asking a court to review its ruling for errors of law, or fact, that could change the outcome. This guide outlines the key rules, timelines, and steps under California law, focusing on the commonly cited Code of Civil Procedure provisions and practical considerations for filing successfully.
What Is A Motion For Reconsideration
A Motion For Reconsideration asks the court to revisit a prior ruling based on claimed error in law, new facts not available previously, or the court’s misinterpretation of evidence. It is not an opportunity to reargue the case in full; rather, it targets specific issues that affected the decision. Courts will ordinarily consider whether the motion presents a prima facie showing of error or extraordinary circumstances warranting a different result.
Grounds For Reconsideration
- New Information: Newly discovered evidence that could not have been reasonably discovered before the ruling and would have likely changed the outcome.
- Legal Error: A misapplication or misinterpretation of governing law by the court.
- Misstatement Of Facts: The court’s factual findings are clearly erroneous or unsupported by the record.
- Policy Or Equity Considerations: Situations where correcting an error is necessary to prevent injustice.
- Clerical Error: Correcting obvious mistakes in the written order, such as a mislabeling or misdate.
Note that rearguments about the same evidence or arguments that could have been raised earlier are typically not enough to prevail on a reconsideration motion.
Time Limits And Filing Requirements
- Time Frame: A motion for reconsideration must be filed within 10 days after service of written notice of entry of the order or judgment (the precise trigger can vary by court and the nature of the ruling).
- Contents: The motion should specify the precise grounds for reconsideration, identify the points of law or fact misapplied, and reference supporting portions of the record. A declaration or attachable exhibits that illustrate the new information or error can be helpful.
- Format And Service: File in the same court that issued the ruling, following local rules for formatting, page limits, and service on opposing counsel or parties.
- Local Rules: Some California courts have custom requirements (e.g., page limits, word limits, or color-coding citations). Always check the relevant court’s local rules and calendar.
Procedure To File A Motion For Reconsideration
- Draft The Motion: Clearly articulate the grounds and provide precise citations to the record. Include a concise summary of the ruling and how the challenged points affected the outcome.
- Prepare Supporting Documents: Attach excerpts from the record, pertinent case law, and any new evidence (if applicable) that justifies reconsideration.
- File And Serve: File the motion with the court and serve all parties in accordance with Civil Procedure rules and the court’s local requirements.
- Optional Reply: The opposing party may have an opportunity to file a reply brief. If permitted, prepare a concise response addressing the points raised in the opposition.
What To Include In The Motion
- Statement Of Facts: A short, accurate recitation of the material facts as they relate to the ruling.
- Legal Argument: Identify the specific legal errors or misapplications, with pinpoint citations to the record and controlling authorities.
- New Information (If Any): If asserting new evidence, explain why it could not have been discovered earlier and how it would have affected the outcome.
- Proposed Relief: Clarify what relief is sought (e.g., alteration of the ruling, a different legal standard, or a new hearing).
Opposition And Reply
The opposing party may file an opposition within a specified period, after which a reply (if allowed) may be filed. The court will typically consider the motion on the papers unless it deems oral argument necessary. If the court grants reconsideration, it may modify or vacate the prior ruling, or it may deny the motion and leave the original ruling intact.
Outcomes And Practical Implications
- Grant Of Reconsideration: The court revisits the same issue and may change the ruling to reflect correction of errors or new law.
- Denial Of Reconsideration: The court maintains the original ruling, and the party may explore other post-judgment remedies, such as an appeal or a petition for writ relief if appropriate.
- Impact On Timelines: Filing a motion for reconsideration does not toll the time to appeal in most cases, so mindful planning is essential to avoid default or waiver.
Alternatives To Reconsideration
- Appeal: For matters of substantial error in law, an appeal is the formal route to challenge the ruling. Notice of appeal deadlines must be strictly observed.
- Writ Petitions: In certain circumstances, a petition for writ relief (mandamus or prohibition) may be appropriate to challenge the court’s order, particularly when there is a clear abuse of discretion.
- Clarification Or Modification: Some courts offer a motion for clarification if a portion of the order is unclear; modification may be possible in limited contexts.
Key Practical Tip: Because the standards and timelines can vary by jurisdiction and court, consult the specific local rules and, if possible, obtain a copy of the judge’s written ruling to determine the exact deadline and requirements for the reconsideration motion.