New Jersey Info

New Jersey Divorce Start Your Divorce Find Professionals New Jersey Articles Divorce Facts Divorce Grounds Residency Divorce Laws Legal Separation Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum New Jersey Products Divorce by County

New Jersey Articles

Agreements Attorney Relationship Custody & Visitation Child Support Collaborative Law Counseling Divorce/General Domestic Abuse Domestic Partnership Financial Planning Foreign Divorce Mediation Parenting Property Division Spousal Support SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Sign In

Network Sites

New Jersey Divorce Support New Jersey Divorce Online

Motions for Reconsideration
What court rule provides a litigant with the right to file a motion for reconsideration?

4:49-2. Motion to Alter or Amend a Judgment or Order

Except as otherwise provided by R. 1:13-1 (clerical errors) a motion for rehearing or reconsideration seeking to alter or amend a judgment or order shall be served not later than 20 days after service of the judgment or order upon all parties by the party obtaining it. The motion shall state with specificity the basis on which it is made, including a statement of the matters or controlling decisions which counsel believes the court has overlooked or as to which it has erred.

The court is required to make a finding of facts or conclusion of laws under Rule 1:7-4. Therefore, it is always important to read the courts written decision or to listen to the courts decision if their findings were placed on the record.

It is important to note that a motion for a reconsideration is not an opportunity to try to reargue the entire motion again. It simply allows for a correction to be made without the necessity of the aggrieved party filing a costly appeal.

A motion for a rehearing or reconsideration must be filed with 20 days after service of the order upon all parties. The time period runs from the date of service of the order rather than the date when the judge signed the order.

It must be emphasized that it is very difficult to prevail on a motion for reconsideration. Many judges simply view motions for reconsideration as an opportunity for an unhappy litigant to air their positions and re-litigate issues that have already been decided. Moreover, many courts believe that motions for reconsideration are an unnecessary duplication of the court time and counsel fees to the client. In light of this view, it is important for a motion for reconsideration to be prepared very carefully and thoroughly. The motion should specifically include the controlling cases or legal errors that counsel believes that the court has overlooked or erred.

What are some typical cases wherein a motion for reconsideration would be granted?
  • The court has expressed its decision based upon clearly incorrect or an irrational basis. Some examples would be when the court used incorrect child support guideline sheets, the court uses the wrong numbers in the child support calculations, or the court incorrectly applied the law based upon the application case law or statute.
  • The court did not consider or it failed to note important evidence when it decided the motion.
  • The court's decision was arbitrary, capricious or unreasonable.

I have just lost a very important motion in the family court. I would like to file a motion for reconsideration…

However, sixty days have passed since the court entered its order. My lawyer has advised me that I am now out of time to file a motion for reconsideration. Is there any other type of legal relief that I can now pursue?

You can file an appeal. However, bear in mind that the costs to file an appeal are outrageous. The filing fees are very high. Moreover, you have to purchase the transcripts. Finally, appeals require lawyers to write detailed briefs. The legal fees to pursue an appeal in many cases are just not cost effective and practical.

Alternatively, if a person loses a motion, and if he is out of time to file a motion for reconsideration, then he can file another type of motion called a motion to vacate an order or judgment. This motion is filed pursuant to Rule 4:50-1. A party may seek relief from a court order upon filing a motion to vacate it. The movant must demonstrate one or more of the following reasons to vacate the order:

  • Mistake, inadvertence, surprise, or excusable neglect;
  • Newly discovered evidence which would probably alter the order, and which could not have been discovered in time.
  • Fraud;
  • The judgment or order is void;
  • The judgment or order has been satisfied, released or discharged, or a prior judgment or order upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment or order should have prospective application; or
  • Any other reason justifying relief from the operation of the judgment or order.


Was this helpful? Like our site & let us know.

Related Articles


Start New Jersey Divorce Start Your New Jersey Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
New Jersey Divorce Find New Jersey Divorce Professionals in Your Area:
Join the Network
New Jersey Divorce Products, Services and Solutions New Jersey Divorce Products, Services and Solutions
New Jersey Divorce Resources to Help You Through the Process.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free New Jersey Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
   
If the divorce is being filed under one of the seven fault grounds (including extreme cruelty, adultery, abandonment, substance or alcohol addiction, institutionalization, deviant sexual conduct and incarceration), the 18 month separation period, required for a no-fault divorce, is waived. However, each ground for divorce has its own stipulations.
Divorce Lawyers & Mediators
 

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

 

Start Your Divorce File for a New Jersey Divorce

 

Settle Your Divorce Negotiate Your New Jersey Divorce

 

Support Forum New Jersey Support Forum


FEATURED TOOL - The Divorce Encyclopedia IPhone App (Search 1000 terms from A-Z)


Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"