Motion For Reconsideration in NJ; Complete Guide
Occasionally when you go to court, the judge might rule something against your favor that you have trouble understanding. After consideration, you might realize that the ruling was based on a complete misunderstanding.
Did you know that in this situation, you can file for a motion of reconsideration?
A motion of reconsideration is exactly what it sounds like: trying to get the court to reconsider their decisions on your case. But not all cases are qualified for reconsideration.
In this article, we’ll explain what a motion for reconsideration is, what qualifies for reconsideration, and how to file one in a New Jersey family court.
What Is A Motion for Reconsideration?
A motion of reconsideration is a legal attempt at having the judge taking a second look at their decision on your case.
Judges are people just like you. It is important to remember that everyone makes mistakes once and a while, so it’s quite possible that the judge overlooked something when making their decision.
Most motions for reconsideration are accepted whenever the court missed some vital information or misinterpreted a part of the brief. A motion for reconsideration can also be written if a new law has been set into place.
When Can I File for a Motion for Reconsideration?
Before even debating whether you can file for a motion for reconsideration, you should know the circumstances in which you able to file for one. Yes, the motion for reconsideration is based on your disagreement with the judge.
However, you cannot file for a motion for reconsideration just because you think the judge is wrong. You also cannot file a motion for reconsideration with the same brief that you did in the original case.
If these criteria are the foundation for your motion, the case has an extremely high chance of getting denied again.
In terms of the time to file a motion for reconsideration, NJ laws bind the court to a strict 20-day deadline for filing motions. Any motions filed more than 20 days after you receive your decision, and your case will be denied.
How to Write a Motion for Reconsideration in NJ
Consult your lawyer before writing a motion for reconsideration standard, as they are experts in this field and can help you with any question you have.
Ask the court that you had your case at if there is a form for a motion that’s able to be filled out. While these aren’t common at every location, you might be able to find one at yours. If you can’t find one, see if there is a blank motion form used for other motions (such as motions of stay) at the clerk’s office.
When writing one, be sure to indicate your name, the judge’s name, the decision, and your case number. Clearly indicate why you think the decision needs reconsideration based on qualified terms.
You may request a live hearing of the motion, but the judge ultimately decides whether or not they will do so.
Make sure to sign all the documents that you’re turning in, and make copies of them before turning them in. Turn them in at the same clerk’s office that your case was heard at.
Additional Help with Motion for Reconsiderations
Writing a motion for reconsideration in NJ family court can be a daunting task if you’re not sure where to begin. The best thing to do in this case is to consult a local NJ attorney’s office for help with your motion.
At Dalena & Mosch, we’re here to guide you along the path in your most trying times. We don’t believe in letting clients walk alone in the dark during their trials. You can put your trust in us to help with your family court issues, including writing motions for reconsiderations.
Our philosophy is that not one size fits all for divorce procedures. We pride a client-specific approach, so go ahead and contact us today to see how we can help you.