What is the process for filing a motion for reconsideration of an appellate court’s decision?
Filing a motion for reconsideration of an appellate court’s decision in Mississippi is a relatively straightforward process. After the appellate court has rendered its decision, a party may file a motion for reconsideration that supplements the record or raises points not addressed by the court’s ruling. The motion must be filed with the clerk of the appellate court within 15 days of the date when the ruling was rendered. The motion itself must include the names of all parties to the appeal, the court in which the motion is being filed, and a statement of facts that supports the need for the reconsideration. Once the motion is filed, the opposing party then has 10 days to reply to the motion. After all relevant motions and replies have been made, the appellate court will then decide whether to reconsider its decision. If the court agrees to reconsider, then it will issue an order to do so. The order will specify a date by which any objections or briefs must be filed. After the court has considered all arguments, it will issue a new ruling. It is important to note that due to the court’s heavy caseload, filing a motion for reconsideration may not always be successful. Therefore, it is crucial to establish a good legal argument and supporting facts when filing a motion for reconsideration with the appellate court.
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