What is a motion for reconsideration of an order in civil litigation?
A motion for reconsideration of an order in civil litigation is a tool that allows a party to ask the court to reconsider its decision on an earlier ruling. This type of motion is often filed if the party believes that the court overlooked or misapplied the law in its decision. In New York, if a party seeks reconsideration of an order, they must file a motion within thirty days of the date of the order or judgment. The motion must be served upon the opposing party and will generally be heard in the court that issued the earlier order. When filing a motion for reconsideration of an order, the party must provide a detailed explanation of why the order should be reconsidered. Generally, the motion should include an argument as to why the court failed to or incorrectly applied the law and what evidence should have been considered. When the court considers the motion, the parties can present arguments to make their case. The court may then decide to either grant or deny the motion. The decision may change the outcome of the case, depending on the circumstances, but the court has wide discretion in reaching its decision.
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