Ever been unhappy with an Order you received from the Court but not sure
what the next steps should be? Fortunately, the New Jersey Rules of Court
offer a possible remedy for your displeasure. A motion for reconsideration
is a prime opportunity to seek relief from a Court Order. A motion for
reconsideration is an application to the Court requesting that the Court
alter or amend a judgment or order, and it must be served no later than
twenty (20) days after the order has been served on all parties.
As stated above, if you wish to file a Motion for Reconsideration, you
must do so within twenty (20) days of the filing of the Order; there are
no extensions! In other words, don’t get the Order, become frustrated
and forget about it for a few weeks before you decide you want to seek
legal advice. If you are unhappy with an Order from the Court, immediately
contact an attorney who you can help you determine whether or not your
case is worthy of a motion for reconsideration.
Keep in mind that with every Court Order, one side is usually unhappy with
part, if not all, of the Order. This article is not intended to mean that
everyone should file a motion for reconsideration if they are unhappy
with an Order they receive. Under the Rules of Court you must explain,
with specificity, the matters and controlling decisions which you believe
the court overlooked or erred. Simply put, you must explain, in detail,
the provisions of the Order that you believe were decided incorrectly
and you must explain how you believe the court erred in its analysis or
how it failed to consider relevant facts. You must also include a copy
of the Order you wish to be reconsidered.
You should consult with an experienced NJ Family Law Attorney who can advise
you whether pursuing a Motion for Reconsideration is worth the time, money,
and most importantly, the emotional toll that protracted litigation will
take. If you want to know more, call us at 732-529-6937 and schedule an
initial consultation. We will not tell you what you want to hear. We will
tell you what you need to know.
Our associate Marissa E. Hirsch, Esq., contributed to this blog. You can
reach her at email@example.com.