Sample motion for reconsideration arkansas

If your motion is denied, the Court very well may cite to the following language from DвЂ™Atria: вЂњMotion practice must come to an end at some point, and if repetitive bites at the apple are allowed, the core will swiftly sour.вЂќ Rather, the preferred course to be followed when one is disappointed with a judicial determination is to seek relief by means of either a motion for leave to appeal or, if the order is final, by a notice of appeal. DвЂ™Atria, вЂњeconsideration should be utilized only for those cases which fall into that narrow corridor in which either 1) the Court has expressed its decision based upon a palpably incorrect or irrational basis, or 2) it is obvious that the Court either did not consider, or failed to appreciate the significance of probative, competent evidence.вЂќДЄ litigant should not seek reconsideration merely because of dissatisfaction with a decision of the Court or a desire to reargue a motion. Stated another way, as in the frequently-cited but nonbinding 1990 Chancery Division case of DвЂ™Atria v. Bahr,, motions for reconsideration are applicable only when the courtвЂ™s order is based on plainly incorrect reasoning when the court failed to consider evidence, or there is a good reason for it to consider new information on an issue decided. According to the 2006 Appellate Division case of Cummings v. The governing legal standard is fairly narrow. But the Court has a good reason for doing so, Court Rule 1:3-4(c) prohibits the Court from enlarging time with respect to motions for reconsideration of final orders.

What Happens when a Motion Is Denied?ДЄ motion for reconsideration may be properly denied if based on unraised facts known to the movant prior to entry of judgment.ДЇurther, the 20-day filing requirement is similarly harshly enforced. You are stuck with what you gave the Court the first time around. The Court is within its rights to bar you from introducing new evidence on a motion for reconsideration. Expect the Court to take a good hard look at your motion for reconsideration to find ways it can be thrown out on a procedural technicality.ДЄnother procedural issue on a motion for reconsideration, at least with final orders, is that they cannot be used to вЂњexpand the recordвЂќ and re-argue a motion.ДЄ motion for reconsideration is designed to seek review of an order based on the evidence before the court on the initial motion. However, judges are human beings like the rest of us, and therefore, they donвЂ™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?Д¬ourt 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 вЂњstate 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.вЂќД«e 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 вЂњduring the proceedingвЂќ) orders and final orders. What Is a 'Motion to Reconsider?'ДЄ 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.ДЄ 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. Thank you for your time and consideration.If judges were perfect, we wouldnвЂ™t need a Court of Appeals. Kindly contact me at email _ for any doubts or queries. I am waiting to get a positive response from your side. I am asking you to do this because _ (mention your points). So it is my humble request to you if you can look over my request of reconsidering my payment. I have worked really hard here and I have been awarded _ (mention your achievements).

I have been working in this organization for _ (Duration) now.

This is with reference to the payment request made by me on _/_/_ (Date).

Sample motion for reconsideration arkansas