You also need to decide upon your strategy quickly after the ruling. For example, if you need a transcript to support your motion, you must make the necessary arrangements in short order. This short timeline requires quick action. The motion must be brought within 10 days of the judgment, order or decision. The cause must "materially" affect "the substantial rights of such parties." Each rule provides the litigator with an opportunity to overcome a setback.ĬR 59(a) applies not only to new trials, but to reconsideration of "any other decision or order." The rule lists nine specific "causes," one of which must be found to justify reconsideration. Additionally, while CR 59(a) provides specific reasons that must be found to justify reconsideration, CR 54 is more open-ended. This article will address motions for reconsideration of orders or decisions under CR 59(a) and motions for reconsideration of partial summary judgments under CR 54.
A thoughtfully presented motion for reconsideration could be just the ticket.
Sample motion for reconsideration superior court california trial#
Trial courts are interested in avoiding or correcting mistakes. Judicial economy favors correction of mistakes as early as possible, before costly and time-consuming appeals begin. Where a mistake has truly occurred or you feel the court missed a critical point, seize the opportunity to get your case back on track. This is not a second bite at the same motion practice, but an opportunity to advance the correct adjudication of a matter. True, you should avoid motions for reconsideration that do not raise overlooked grounds and do not pointedly and specifically indicate how the court has erred. Practitioners need not feel overly pessimistic about the odds for success if they have reasonable grounds for the motion.
Motions for reconsideration are essential litigation tools.
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