“When issues have been carefully considered and decisions rendered, the only reason which should commend reconsideration of that decision is a change in the factual or legal underpinning upon which the decision was based.” Taylor Woodrow, 814 F.Supp. The complainant should use EEOC Form 573, Notice of Appeal/Petition - Complainant. Sarasota/Manatee Airport Auth., 814 F.Supp. Occasionally when I am handling a case a party, after having lost a ruling on a motion or having received a verdict against them in a bench trial, will file a motion for reconsideration. Rights Following Administrative Judge Issuance of a Decision.
Sample motion for reconsideration for federal court download#
Available for download now in standard format (s). Adapt to fit your facts and circumstances. This document, a Motion for Reconsideration, is a model motion requesting the named action from the court (or a general motion form). The motion to reconsider must set forth facts or law of a strongly convincing nature to demonstrate to the court the reason to reverse its prior decision. The court will either grant or deny the motion in accordance with law and court rules. “A court has considerable discretion in deciding whether to grant a motion for reconsideration.” See Drago v. “The burden is upon the movant to establish the extraordinary circumstances supporting reconsideration.” Mannings v. A party may file a motion for extension of time to appeal with the district court. Courts generally recognize three grounds for reconsidering an order: (1) an intervening change in controlling law (2) availability of new evidence and (3) the need to correct clear error or prevent manifest injustice. Federal appellate courts review judgments and orders of U.S. The court may not rely upon just the charge, criminal history and any history of failure to appear. Dean Witter Reynolds, Inc., 12 F.Supp.2d 1306, 1308 (M.D. The court rule requires the court to consider a number of important individual factors when determining whether a person poses a risk of committing a violent crime or interfering with the administration of justice. “A motion for reconsideration must show why the court should reconsider its prior decision and ‘set forth facts or law of a strongly convincing nature to induce the court to reverse its prior decision.’” Fla. Rule(s)).