New Jersey Info
New Jersey Divorce
Start Your Divorce
Find Professionals
New Jersey Articles
Divorce Facts
Divorce Grounds
Residency
Divorce Laws
Mediation/Counseling
Divorce Process
Legal Separation
Annulments
Property Division
Alimony
Child Custody
Child Support
Divorce Forms
Process Service
Grandparent Rights
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
Info Categories
Contemplating Divorce
Children & Divorce
Divorce, Dollars & Debt
Divorce Laws
Divorce Process
Divorce Negotiation
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
|
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?
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:
Navigate:
Home
States
New Jersey Divorce Source
New Jersey Divorce Articles, News and Resources
Divorce - General, Laws and Process
Motions for Reconsideration
New Jersey is an equitable distribution state, meaning that the division of property in a divorce is to be done fairly, not necessarily equally. The court can take into consideration any factor it deems relevant when dividing property, but it must consider certain factors, such as how long the couple was married and the age and health of both spouses, the income or property brought to the marriage by each spouse, the standard of living that was achieved during the marriage, and the extent to which one spouse may have deferred career goals, among others.
|
![]() Find Professionals
Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
|
Terms & Conditions | Privacy | Cookie Policy | Do Not Sell My Information
Established in 1996
Copyright© 1996-. All rights reserved by MH Sub I, LLC dba 3StepDivorce.