"In separate actions, three different plaintiffs, who are all represented by the same attorney, commenced individual lawsuits attempting to challenge the investigative findings, of the National Institute of Standards and Technology ("NIST"), as to how and why the World Trade Center buildings collapsed on 9/11. 7Īllegations are even mentioned, let alone acknowledged for motions to dismiss purposes tobe true. New Hampshire Department of Employment Security ,Ĥ55 U.S. Paul Weiss Rifkind Wharton & Garrison LLP et al.Ģ008 U.S. Local 1, American Postal Workers Union, AFL-CIO,ġ994 U.S. Therefore, it is important for a motion to reconsider, be prepared and look at the facts and legal analysis very carefully and thoroughly.Above the Belt, Inc. Many courts are of the opinion that motions for reconsideration are an unnecessary duplication of the court time and counsel fees to the client.
In regards to interlocutory orders, whether a motion for reconsideration has been timely filed or not rests solely on whether or not the motion was filed unreasonably late. However, this deadline does not apply to the reconsideration of interlocutory orders. Motions for reconsideration will not generally be considered when filed more than ten days after the judgment at issue is entered.
SAMPLE MOTION FOR RECONSIDERATION ARIZONA FREE
However, in addressing the claims of a party on a motion for reconsideration, the court is free to expand upon or clarify the reasons supporting its prior ruling. Mere dissatisfaction with the court’s ruling is not a proper basis for reconsideration. It is improper on a motion for reconsideration to ask the Court to rethink what it had already thought through-rightly or wrongly. It may not be used to argue a new legal theory. Generally, a motion for reconsideration should addresses only factual and legal matters that the Court may have overlooked. where it is necessary to correct a clear error of law or to prevent manifest injustice.where new evidence that was not previously available has become available or.where there has been an intervening change in the controlling law.
Therefore granting motions for reconsideration for lesser causes not only wastes judicial resources, but is also unjust to the parties that have invested the time and effort arguing on the original papers.Ī motion for reconsideration is generally allowed only on one of three grounds: The purpose of motion to reconsider is to correct manifest errors of fact or to present newly discovered evidence. Instead, such motions for reconsideration request are treated as a motion to alter or amend a judgment under Fed.Rules 59(e) or motions for relief from judgments or orders under Fed.Rules Rule 60(b). The Federal Rules of Civil Procedure do not specifically provide for the filing of motions for reconsideration. A motion for reconsideration is generally allowed only on one of these grounds where there has been an intervening change in the controlling law, where new evidence that was not previously available has become available or where it is necessary to correct a clear error of law or to prevent manifest injustice.