sample motion for reconsideration virginia

#SAMPLE MOTION FOR RECONSIDERATION VIRGINIA TRIAL#

60 motion but instead file a motion for reconsideration thinking that such a motion tolls the time for filing a notice of appeal you are in for a very rude awakening and exposing yourself to malpractice. 60 seeking an order setting aside the final judgment.

#SAMPLE MOTION FOR RECONSIDERATION VIRGINIA TRIAL#

So if the decision that you want the trial judge to reconsider is a final judgment then you must file a motion under Civ. Finally, where no timely notice of appeal has been filed, a court lacks jurisdiction to determine an appeal. Additionally, 'he filing of a motion for reconsideration does not toll the time requirement' for filing an appeal. 4(A) expressly provides that a notice of appeal must be filed within 30 days of the filing of the entry of judgment appealed from.' Pitts, 67 Ohio St.2d at 380. This is shown by another quote from another decision of the Court of Appeals for the Third Appellate District: So if an attorney filed a motion for reconsideration after a final judgment in the trial court such a motion would not be tolling the time for filing a notice of appeal since the motion is basically a nullity. The proper vehicle for relief from a final judgment is a motion to vacate under Civ.R. 'A party may file a motion for reconsideration in a trial court only to obtain relief from an interlocutory order or decision.' (Emphasis added.) Ham v. In fact, a trial court is 'without power to entertain' a 'Motion to Reconsider' after a final judgment is entered. 'The Ohio Rules of Civil Procedure do not recognize motions for reconsideration after a final judgment in the trial court.' Ray v. This is shown by the following quote from a decision of the Court of Appeals for the Third Appellate District:

The reason why a motion for reconsideration can actually be counter-productive is that if the decision made by the trial judge is a final judgment the trial court has no jurisdiction to consider a motion for reconsideration. Now does anyone think that people who make decisions for a living are going to respond well to that approach? The judge believes that his or her decision was the correct one and isn't going to appreciate the opportunity to revisit a decision that he or she has made and already moved on from making. Why would they believe this to be the case? If a trial judge has issued a decision and in that decision explained his or her reasoning why is he or she going to suddenly decide that their previous decision was wrong and that they should now issue a contrary decision?īasically when you file a motion for reconsideration you are saying to that judge that the judge's decision was wrong and that you are graciously giving them a second chance to reach the right decision. Attorneys seem to believe that trial judges are making their rulings without carefully considering the evidence and the law that the parties have given to them. Here's why they are usually a waste of time: I am most likely not going to change my initial ruling or my verdict unless you can give me a very compelling reason. Such motions for reconsideration are for the most part a waste of time and indeed can even be very counter-productive.

In the motion they usually try to re-litigate the issue that I have already decided. Occasionally when I am handling a case a party, after having lost a ruling on a motion or having received a verdict against them in a bench trial, will file a motion for reconsideration.

Sample motion for reconsideration virginia