What is a motion for reconsideration in an insurance litigation case?

A motion for reconsideration in an insurance litigation case is a request made to a court to revisit a prior court ruling due to newly discovered evidence or a mistake in the application of the law. Typically, the motion is made by an attorney on behalf of a client who believes the court ruling was made in error. In Florida, the phrase "motion for reconsideration" is sometimes used interchangeably with "motion for reargument" or "motion to vacate." The standard for granting these motions is typically difficult to meet and must be based on a mistake in the application of the law or evidence that was not available at the time of the court ruling. The filing of a motion for reconsideration does not necessarily mean that the court will change its initial ruling. The court is largely free to grant or deny the motion as it sees fit. Generally, the criteria the court considers when deciding if it should grant or deny the motion includes whether the motion is timely filed, is supported by legal and factual arguments, and has potential to change the ruling in some way. In conclusion, a motion for reconsideration is a request to the court to revisit a prior ruling due to newly discovered evidence or a mistake in the application of the law. The decision to grant or deny the motion is largely up to the court and is based on factors like timeliness, legal and factual arguments, and potential to change the ruling.

Related FAQs

What is a motion for reconsideration in an insurance litigation case?

Related FAQs

Related Blog Posts