What is a motion for reconsideration of an order in civil litigation?

A motion for reconsideration of an order in civil litigation is a request made by a party in a lawsuit asking the court to change or modify a prior order or judgment that was issued. This procedure is often used to ask the court to reconsider its decision after new evidence or facts have been presented to the court. The motion can be based on a mistake of fact or law, or on the court’s failure to consider the evidence before making its decision. In West Virginia, a motion for reconsideration needs to be supported by a written brief that states why the court erred in issuing its original order. This brief must provide specific legal and factual arguments for why the court’s ruling should be changed. The written brief must also be filed promptly after the court’s order has been issued. The other party in the case must be notified of the motion and has the opportunity to provide a written response to the court. The court will then review the motion and issue a new order or decision addressing the issue. If the court denies the motion, the original order my remain in place.

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