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I Received a Bad Ruling, Can My Case Be Opened Again?
If you have an issue before the court, at some point your matter will be adjudicated and a Judge will make a ruling and issue a final order. Sometimes, that decision may not be to your liking, and you make think that the Judge was flat-out wrong. The question then becomes: what happens now? Short of accepting the decision, you do have options. One of those options is to file a Notice of Motion for Reconsideration.
4:49-2 states:
“Except as otherwise provided by R. 1:13-1 (clerical errors) a 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. 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.”
This means you can file a Notice of Motion for Reconsideration and essentially request that the court review their decision. The above stated R. 4:49-2 deals with reconsideration of final orders, which are not taken lightly by the court. The court will not allow you to simply make the same argument and hope you can convince them to rule differently. In order to be successful, you must show that the Court has expressed its decision based upon a palpably incorrect or irrational basis, or that it is obvious that the Court either did not consider, or failed to appreciate the significant of probative, competent evidence.
Filing a Notice of Motion for Reconsideration is not always the appropriate method if you are not satisfied with your result, but it can be an effective means if used properly. There is a process and procedure for everything and it is important that you properly determine whether or not filing a Notice of Motion for Reconsideration, or a different application, is next best step for you. To contact a member of our legal team, please contact us online or call Lyons & Associates at 908-575-9777 to schedule an appointment.
Written by: William P. Lemega, Esq.