Legal Question in Business Law in California
A judge made a ruling in my case. The judge ruled in my favor on all issues except one issue where he ruled against me. I am considering making a motion for reconsideration on that one issue. How long do I have to make a motion for reconsideration? This is not a small claims case and is in the superior court.
3 Answers from Attorneys
You typically have 10 days.
A motion for reconsideration is inappropriate if all you want the judge to do is re-think his or her decision. You must generally have new facts, circumstances, or law to present that you did not have before. See California Code of Civil Procedure � 1008.
I agree with Mr. Perry. Motions for reconsideration must be based on new facts and law, and are governed by Code of Civil Procedure section 1008. The motion must be filed within 10 days of service of notice of the ruling or order that the party is challenging.
There is case law that states that a trial court lacks jurisdiction to reconsider any appealable order, and a violation of the requirements of Code of Civil Procedure section 1008 can be sanctioned by the court. Make sure you know what you are doing.
Mr. Perry and Mr. Roach are right, but they presume that the ruling was about a typical motion. If it was instead a judgment after a trial, you can't move for reconsideration and would instead have to move for a new trial. There are other types of motions where you may not be able to seek reconsideration. And a motion for reconsideration typically must be based on new or different facts, circumstances or law. Disagreeing with the judge is not enough.
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