What is a motion for reconsideration in civil litigation?

A motion for reconsideration in civil litigation is a legal filing made in a court of law, usually by a party involved in a case. It is a formal request to the court to review a decision made in a prior hearing and to make a different ruling. In West Virginia, motions for reconsideration are governed by the West Virginia Rules of Civil Procedure. According to Rule 59.06, a court can review a decision if a party believes that the court misapplied the law, overlooked material evidence in the record, or there are other extraordinary circumstances present. The court may also review a decision if the opposing party did not receive proper notice of the ruling. When filing a motion for reconsideration, a party must include details of the errors made in the original ruling in order for the court to consider the motion. The party must then wait for the court to set a new hearing to consider their request. The court will weigh the evidence and make a decision on whether to reverse the original ruling or to stand by the original ruling. If the court grants the motion, the request will be granted and the new ruling will take effect. Motions for reconsideration are an important part of civil litigation law in West Virginia, as they give parties a chance to get a different ruling when they feel that an error was made in the first ruling. It is essential to properly document the errors in the original decision and to provide evidence of extraordinary circumstances in order to have the best chance at having the motion granted.

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