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1. #Sample motion for reconsideration for federal court code#
2. #Sample motion for reconsideration for federal court trial#

#Sample motion for reconsideration for federal court trial#

There are a number of reasons why someone can ask for a new trial, such as jury misconduct an irregularity with the jury, a party, or a lawyer in the case insufficient evidence for the verdict excessive or inadequate damages an irregularity in the case that prevented one of the parties from having a fair trial and others.

#Sample motion for reconsideration for federal court code#

The application must also include an affidavit with information on the original order and the new facts, circumstances, or law.įor more information, see California Code of Civil Procedure section 1008(b).Ī motion for new trial asks the trial court to reexamine 1 or more issues of fact or law after a trial and decision by the judge or jury. This request must be based on new facts, circumstances, or law. This is when the same party who made a motion (a request for an order) that was refused (the entire motion or just part) asks a judge (same or different) to grant the order. The requirements are very specific.įor more information, see California Code of Civil Procedure section 1008(a). The motion must also include an affidavit with information about the original order and the new facts, circumstances, or law. You must file a motion for reconsideration within 10 days of being served with the written notice of entry of the order you want the court to reconsider. This is when a party that is affected by a trial court's order asks the same court to reconsider the order, based on new facts, circumstances, or law. Your court's self-help center may be able to help you if your case is a family law case, talk to your court's family law facilitator, or you can talk to a lawyer for advice. There are different laws that apply in different cases, and usually you have to meet very specific requirements to be able to file a motion to set aside or to vacate. This is when a party that is affected by a trial court's judgment or order asks the same court to cancel the judgment or order that was made. Motion to vacate or set aside the judgment Some of the more common motions are: a motion to vacate or set aside (cancel) the judgment and enter a different judgment, a motion for reconsideration of an order, an application for renewal, or a motion for a new trial. Depending on the circumstances in your case, you may be able to file a motion asking the court to change, fix, or cancel the judgment against you.