What will a judge consider in a Motion for Reconsideration?
The exact factors a judge will consider when deciding whether to grant your Motion for Reconsideration will depend on your state’s laws. Generally, a judge will consider factors such as whether:
- there is new evidence that is significant to the legal issue and was not available when the case ended, despite your best efforts to get that evidence;
- the final decision was made after an incorrect interpretation of the law or the law has changed since the judge made his/her final decision; and
- denying the Motion for Reconsideration will result in an obvious injustice.
These are general examples of what a judge may consider and may not be the specific factors in your state. You will want to contact a lawyer to find out what state laws apply to your situation.