sample motion for reconsideration florida

Sample Motion for Reconsideration in Florida: Understanding the Process

When a court renders a decision, it is not uncommon for one or more parties to feel that an error has occurred, warranting reconsideration of the judgment. In Florida, there are specific procedures and timelines that govern motions for reconsideration, which must be followed carefully to ensure that the motion is heard and decided in a timely manner.

Understanding the Deadlines

Florida Rule of Civil Procedure 1.540(b) sets forth the deadlines for service of certain motions, including motions for new trial or rehearing. Subdivisions (b) and (g) of this rule have been amended to change these deadlines from 10 days to 15 days after the specified event.

Types of Motions

There are two main types of motions that may be filed: motions to alter or amend a judgment, and motions for new trial. A motion to alter or amend a judgment must be served not later than 15 days after entry of the judgment, unless an exception applies under Rule 1.540(b).

Grounds for Reconsideration

A motion for reconsideration may be based on various grounds, including errors in the court's findings of fact or conclusions of law, newly discovered evidence, or a change in the law that affects the outcome of the case.

Procedure for Filing a Motion

When filing a motion for reconsideration, it is essential to follow the proper procedure. The motion must be served on all parties who are affected by the judgment, and a copy of the motion must be filed with the court. The motion should clearly state the grounds for reconsideration and any supporting evidence or arguments.

Response to the Motion

The opposing party has 10 days after service of the motion within which to serve opposing affidavits. This period may be extended for an additional 20 days if good cause is shown or by written stipulation between the parties.

Amending the Motion

A timely motion may be amended to state new grounds at any time before it is determined. However, this must be done with leave of court and in accordance with the Florida Rules of Civil Procedure.

In conclusion, filing a motion for reconsideration in Florida requires careful attention to detail and adherence to specific deadlines and procedures. By understanding the types of motions that may be filed, the grounds for reconsideration, and the procedure for filing and responding to these motions, parties can effectively navigate the process and increase their chances of success.

Sample motion for reconsideration florida