什么是复议动议?

玛丽麦克马洪
玛丽麦克马洪
A judge who grants a motion for reconsideration will take a new look at a decision.
A judge who grants a motion for reconsideration will take a new look at a decision.

A motion for reconsideration or motion to reconsider is a legal filing which someone can make to ask a court to review a decision and consider issuing a new decision in light of the review. A motion for reconsideration is not an appeal; filing an appeal is a more involved process. 这种动作的成功率是很不稳定的, 这取决于案子的具体情况, 法官, 以及该案件所在地区的法律规范.

Discovery of new evidence is a reason to file a motion of reconsideration.
Discovery of new evidence is a reason to file a motion of reconsideration.

这种运动有一些限制. The motion must be filed within 20 days of the contested ruling or filing, 在某些情况下,限制可能只有10天. 除了, it must be filed with 法官 responsible for the issue for which reconsideration is being requested. The motion is designed to allow people a chance to quickly correct a legal decision, 而不是发起复杂的上诉程序.

一个法院.
一个法院.

当申请审议的动议被提出时, the person doing the filing must provide supporting material to argue in defense of the motion. 人们不能简单地要求法官重新考虑, they must demonstrate that 法官 made a decision without all the facts or that a decision appears to have been wanton or malicious in nature. One reason to file such a motion might be the discovery of new evidence after a decision was made, 或者是法官没有接触到所有的证据.

If a judge grants the motion, the matter will be reconsidered and a new judgment will be issued. 一旦复议结束, there are other options for contesting a judgment which is believed to be unfair or unreasonable, 包括提出上诉. The options available depend on the court where the case was tried and the nature of the case, and people should be aware that continuing to pursue a case can be a costly choice.

提交法律动议需要填写 文书工作 适当地. It can be helpful to have a motion for reconsideration prepared by a lawyer or paralegal who can ensure that the document is in order. 除了, a lawyer can provide advice about how to frame the motion and can offer opinions on other legal options which could be pursued instead of or in addition to filing a motion for reconsideration, 鉴于本案和法庭的情况.

玛丽麦克马洪
玛丽麦克马洪

Ever since she began contributing to the site several years ago, Mary has embraced the 成为MyLawQuestions研究人员和作家的激动人心的挑战. 玛丽有戈达德学院的文科学位 她的业余时间用来阅读、烹饪和探索户外.

玛丽麦克马洪
玛丽麦克马洪

Ever since she began contributing to the site several years ago, Mary has embraced the 成为MyLawQuestions研究人员和作家的激动人心的挑战. 玛丽有戈达德学院的文科学位 她的业余时间用来阅读、烹饪和探索户外.

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讨论的评论

Mama2

My son was sentenced to 200 years in prison for a home invasion on a state senator's in-laws. 他的共同被告说我儿子打了岳母. My son was then charged with three counts of robbery, one burglary and one attempted murder.

我儿子从未被确认在家里, while the co-defendant had the beaten woman's blood on his shoes and the gun that she was beaten with was linked to the co defendant. 共同被告也是一名前科犯. 他被判25到5年. 所有这些在法庭上都被揭露出来了.

im游戏试玩住在阿拉巴马州. 这是我得到的最多的时间. 我儿子没有前科. 共同被告被控犯有抢劫罪. 这种事怎么可能发生? 受害人认出了共同被告. 我儿子唯一的线索就是入侵时用的那辆车.

原告

I had a case before the court for negligence because I got injured on the job in 2007. 被告几乎对一切都撒了谎. My first attorney filed my case one day before the statutory time and did not file anything to support my case even though he had the information and never instructed me to do a witness statement. 法官提到我的律师没有做他必须做的事.

My second attorney was asked if they could file my witness statement in a day and said it would take a week. By then my second attorney had explained to me what is a witness statement and had my witness statement three weeks before 法官 had asked if they could file witness statement in a day;s time. So they had another two weeks before going before 法官 again when my attorney said they would file my witness statement seal so if they decided he would just have to release it.

The second attorney did file my witness statement and my case was dismissed. It was via video conference and my attorney did not say one word to the other party. It can also be deduced from the evidence that my second attorney did not know the statutory time for appealing a procedural or final decision.

我可以申请恢复我的案件吗?什么是好的理由?

anon930796

Hi, I had a case before the court for negligence because I got injured on the job. And I’m sure this is not sucking to you but the defendant lied about almost everything. My first attorney did not file anything to support my case although having it and never instructed me to do a witness statement. My second attorney was asked if they could file my witness statement in a day and said a week. By then my second attorney had my witness statement 3 weeks before 法官 had ask if they could file witness statement in a day time and had two weeks before going before 法官 again.

第二位律师提交了我的证人证词我的案子被驳回了. 我可以申请恢复我的案件吗?什么是好的理由?

anon325961

我丈夫被诊断出患有重度抑郁症, 然后被转到精神病院.

The nurse left him alone and he found his way to the roof and jumped to his death. 陪审团认为医院玩忽职守,但没有责任. 这怎么可能? 我现在很缺钱. 有免费的律师吗? 我不能让他白白死去. 四个孩子因无人照管而受苦. 他在乞求帮助.

anon285551

What are the possibilities of a judge agreeing to reconsider the increase of the bond for a violation of probation because it was an emergency?

anon253412

Does a motion to reconsider have to state what relief is being requested and is it limited to that. In other words, can a judge be expect to vacate or remand if it isn't requested?

anon240144

如果重新考虑的动议被批准了会发生什么? 下一步是上诉吗? 同一案件可以提出多少项重新审议动议?

anon237281

非常感谢. I was a domestic violence victim and the defendant lied about almost everything. 他甚至连故事的时间顺序都搞不清楚. 我真的希望在美国还有正义. 否则,这是一个可怕的国家.

reader888

Is it only possible to file a motion for reconsideration in a civil case? 我不明白你怎么能在刑事案件中这么做. 同样的罪名不能被审判两次,这仍然是事实,对吧?

upnorth31

我很感谢你告诉我这些! My friend just went through a court case and it did not result in her favor. 当然,事后又有新的消息曝光. 她觉得没希望了. im游戏试玩一直以为一个案子一旦结了案,就完了.

I can't wait to tell her that she may be able to file a motion for reconsideration. 我真的希望她能成功!

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    • A judge who grants a motion for reconsideration will take a new look at a decision.
      : apops
      A judge who grants a motion for reconsideration will take a new look at a decision.
    • Discovery of new evidence is a reason to file a motion of reconsideration.
      :肖恩·亨佩尔
      Discovery of new evidence is a reason to file a motion of reconsideration.
    • 一个法院.
      : SVLuma
      一个法院.
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