What is a motion for reconsideration?

A motion for reconsideration is a tool used in the civil procedure of North Dakota. This motion lets a party to a case ask the court to reverse or modify their previous decision. The filing of a motion for reconsideration is considered to be a second chance to present arguments or evidence that the court previously did not consider in reaching its decision. This motion is filed by the party who argued against the court’s decision and must contain new evidence or arguments that statement or evidence that was either neglected or overlooked by the court. The motion must state the specific facts on which the motion for reconsideration is based and must include the basis for why the court should modify or reverse its decision. The party who files the motion must also include supporting documentation that substantiates the facts stated in the motion for reconsideration. Because motions for reconsideration are considered to be extraordinary remedies, the court grants them sparingly and usually only when the circumstances of the case warrant a second look. For example, if new evidence is discovered that could have affected the decision, then the court may consider granting the motion. In North Dakota, the court has 15 days from the date of the order being challenged to either grant or deny the motion for reconsideration. If the court does not act within this 15-day period, the motion for reconsideration is automatically denied.

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What is a motion for reconsideration?

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