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.
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.
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.