Legal Question in Family Law in Michigan

Motion For New Trial

can a ''motion for new trial-mcr 2.611'' and ''motion to reconsider-mcr 2.119'' be filed at the same time? or if not, which one do I file first?

thanks in advance for your assistance!

ds


Asked on 8/15/04, 12:14 pm

2 Answers from Attorneys
William Stern William Stern, P.C.

Re: Motion For New Trial

You can file them at the same time. However, as a general rule, there is no oral argument on a motion for reconsideration. There would generally be no purpose for a motion for reconsideration after a trial. The motion for new trial would be the way to go. Motions for reconsideration are generally used prior to trial when the judge makes a clear error of law. You have to cite new authority, perhaps some that was not available at the time of the motion. William S. Stern

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Answered on 8/15/04, 6:56 pm
Blake Lipman Law Office of Blake P. Lipman

Re: Motion For New Trial

There is no reason they couldn't be filed simultaneously BUT, one pertains to a new trial and one pertains to reconsideration of a motion. For more info, please contact my office at (248(851-3171.

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Answered on 8/17/04, 11:11 am


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