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Motions for Reconsideration

A motion for reconsideration asks the court consider changing a previous decision. A motion for reconsideration must be made BEFORE the trial court enters a final judgment.  See Local Rule 7.3

A party cannot file a motion for reconsideration without permission from the court.  Therefore, before filing a motion for reconsideration, the party must file a motion for leave to file a motion for reconsideration.

Form and Content of Motion for Leave:  A motion for leave to file a motion for reconsideration must be limited to seven pages and must specifically meet at least one of the following two criteria:

(1)   (A) the facts or applicable law are materially different from the facts or applicable law that the parties presented to the Court before entry of the order for which reconsideration is sought, and

       (B) despite the exercise of reasonable diligence, the party applying for reconsideration did not know such fact or law before entry of the order; or

(2) new material facts emerged or a change of law occurred after entry of the order.

A motion for leave to file a motion for reconsideration may not simply repeat arguments made previously to the court.  If you file such a motion, the court may impose sanctions on you. 

No response needs to be filed to a motion for permission to file a motion for reconsideration unless the court requests it.

If the judge decides to permit reconsideration, the judge will fix an appropriate schedule.