What is the difference between an appeal and a motion to reconsider?

The difference between an appeal and a motion to reconsider is the purpose of the action. An appeal is usually filed to challenge a decision made by a lower court. The appellant, or the person filing the appeal, hopes to have the decision changed. The appeals court reviews the court record and decides if the decision was appropriate or if a new outcome should be reached. A motion to reconsider is typically filed with the court that first heard the case. This motion requests that the court change its own decision from a previous order or judgment. Motions to reconsider are rarely granted, as a court is unlikely to go against its own decision. In some instances, if there are new facts or evidence that could not be presented in the initial proceeding, a motion to reconsider may be granted. In summary, an appeal is an attempt to have a lower court ruling overturned, while a motion to reconsider is a request to change a previous decision made by the same court. They both have the same goal of reaching a different outcome, but they are approached from different angles.

Related FAQs

What is the appellate division of a court?
What is criminal appeal law?
What is the standard of review used on a post-conviction relief order?
Can I appeal a criminal sentence?
What are the chances of success on a criminal appeal?
How long do I have to submit a brief in a criminal appeal?
What is the difference between an appeal and a mandamus?
How long does a criminal appeal take?
What is the difference between an appeal and a motion to reconsider?
What is the standard of review in a criminal appeal?

What is the difference between an appeal and a motion to reconsider?

Related FAQs

Related Blog Posts