Specifically, the parties signed a marital separation agreement (MSA), which was incorporated into their divorce judgment. In the motion for reconsideration, the defendant argued that the order granting plaintiff the $55,000 was contrary to the parties’ previous agreement regarding the distribution of the home sale proceeds. The Aporder of the lower court granted the plaintiff $55,000 from the net proceeds of the sale of the home after the court found the defendant in violation of litigant’s rights based upon his failure to comply with an earlier Jconsent order.
#Sample motion for reconsideration divorce trial#
27, 2018), the Appellate Division reviewed a trial court decision denying the defendant’s motion for reconsideration regarding the sale of the parties’ home. In the recent decision of Tomasso-Addeo v. Thus, the Court must be sensitive and scrupulous in its analysis of the issues in a motion for reconsideration.” Cummings v. Nevertheless, motion practice must come to an end at some point, and if repetitive bites at the apple are allowed, the core will swiftly sour. Alternatively, if a litigant wishes to bring new or additional information to the Court’s attention which it could not have provided on the first application, the Court should, in the interest of justice (and in the exercise of sound discretion), consider the evidence. “Reconsideration should be utilized only for those cases which fall into that narrow corridor in which either 1) the Court has expressed its decision based upon a palpably incorrect or irrational basis, or 2) it is obvious that the Court either did not consider, or failed to appreciate the significance of probative, competent evidence. The standard on a motion for reconsideration is a high standard to meet. However, a motion for reconsideration should not be made simply because a litigant is not happy with or disagrees with a court’s ruling.
The motion shall state with specificity the basis on which it is made, including a statement of the matters or controlling decisions which counsel believes the court has overlooked or as to which it has erred, and shall have annexed thereto a copy of the judgment or order sought to be reconsidered and a copy of the court’s corresponding written opinion, if any.” motion for rehearing or reconsideration seeking to alter or amend a judgment or order shall be served not later than 20 days after service of the judgment or order upon all parties by the party obtaining it. Rule 4:49-2, which addresses a motion to alter or amend a Judgment or Order, states the following: 1990)) While it can be difficult to convince a judge to change a decision, the New Jersey Rules of Court allow litigants an opportunity to rectify bad orders. Reconsideration “is a matter within the sound discretion of the Court, to be exercised in the interest of justice.” D’Atria v. This motion allows a litigant to show the judge him/herself what legal error the judge has made, point out any important facts that the judge failed to appreciate or consider before before, or to bring previously unavailable evidence to the court’s attention. If a judge makes a legal or factual error, however, during a case then a motion for reconsideration may be the appropriate course of action. But a case has to be decided with finality on all issues to get to the Appellate Division as of right, without having to ask for permission to appeal, which is difficult to get. When a court makes a legal error, the typical way to address that error is to file an appeal. Additionally, judges do not always get it right. Even if you think you have a solid case, there is no guarantee that the court will see things your way. It is not uncommon for a litigant to be dissatisfied with a court’s order.
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