What is the process for filing a motion for reconsideration of an appellate court’s decision?

In the state of North Carolina, the process for filing a motion for reconsideration of an appellate court’s decision is a two-step process. First, the party seeking reconsideration must file a motion with the court clerk, identified in the court’s order or judgment, within 15 days after the order or judgment was entered. This time limit is typically strictly enforced, and a failure to meet the deadline may result in an automatic denial of the motion. In the motion, the party must provide a clear and concise explanation that outlines the need for reconsideration. Commonly, the explanation includes the legal standard for why reconsideration is necessary, the specific facts raising the need for reconsideration, and the relief requested. With the motion, the petitioner must also file any supporting evidence, including affidavits from experts or witnesses, records or materials, or any other relevant documents. The petitioner must also provide the court with a copy of the prior order or judgment. The court will then review the motion and supporting evidence, and determine if a hearing or written opinion is necessary. If the court grants the motion for reconsideration, it will issue a new order or judgment that supersedes the prior one.

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What is the process for filing a motion for reconsideration of an appellate court’s decision?

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