Do judges ever reconsider?

Asked by: Gregory Dare Jr.  |  Last update: May 16, 2025
Score: 5/5 (19 votes)

The request for reconsideration must clearly show an error of fact or law material to the decision. The Judge may also reconsider a decision on his or her own initiative.

How do I ask a judge to reconsider its decision?

After a trial, there are several types of motions that can be filed to address possible trial errors. The most common type of post-trial motion is a Motion for Reconsideration in which you are asking the judge to reconsider his/her ruling and change one specific part of the court order or the court's overall ruling.

How many times can you appeal a judge's decision?

Usually there is “one appeal”, but there are higher courts who may or may not take a look at your case. In your appeal, you must state every reason why the Judge/Jury/Counsel were deficient in the case, and that is usually “one bite at the apple”.

What are the three grounds for the Motion for Reconsideration?

Generally a Motion for Reconsideration is filed under three grounds: The availability of new evidence not previously available; An intervening change in controlling law; or. The need to correct a clear error of law or to prevent manifest injustice.

Can a judge go back and change his ruling?

Yes, a judge can change their mind after sentencing, but there are specific circumstances and legal procedures involved. Here are some key points: Sentencing Modifications: Judges can modify sentences under certain conditions, such as a motion for reconsideration filed by the defense or the prosecution.

Can You Ask Judge to Reconsider His Ruling? New York Trial Attorney Gerry Oginski Explains

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Who can override a judge's decision?

The court of appeals may review the factual findings made by the trial court or agency, but generally may overturn a decision on factual grounds only if the findings were “clearly erroneous.”

What is the success rate of motions to reconsider?

This is roughly a 5 percent success rate for all motions.

What is a reconsideration letter to a judge?

A reconsideration letter is a written request addressed to a judge or any other decision-maker asking them to reconsider their ruling or decision. The letter should clearly state the reasons why the individual is requesting a reconsideration and provide any new evidence or arguments that support their case.

Can a judge refuse to hear a motion?

The judge, as the central figure, listens to the arguments, asks questions, and ultimately decides whether to grant or deny the motion.

What happens after a motion to reconsider?

Until the motion to reconsider is disposed of or lapses, the effect of the original vote is suspended, and no action may be taken to implement it. This is in contrast to the motion to rescind, which may be made at any later meeting, but until passed, has no effect on the original decision.

What is the success rate of court appeals?

The answer depends entirely on the specific circumstances of your case. That being said, the state and federal data show that the overall success rate is between 7% and 20%.

What happens if you lose an appeal in court?

A litigant who loses in a federal court of appeals, or in the highest court of a state, may file a petition for a "writ of certiorari," which is a document asking the Supreme Court to review the case.

How do you beg a judge for leniency?

Provide Reasons for Leniency
  1. Their role in caring for and providing for their family.
  2. Good character traits or values they possess.
  3. Hardships they have endured or overcome.
  4. Community service they have performed.
  5. Progress they have made towards rehabilitation, including completion of therapy or substance abuse classes.

How do you respectfully ask for reconsideration?

I am writing to respectfully request that you reconsider my application. Since submitting my application, I have [gained new experience/earned a new certification/completed a relevant project]. I believe that this new information makes me an even stronger candidate for the [Position] at [Company].

Can a judge deny an appeal?

The appeal may be denied if you cannot show that the lower court made a legal mistake. Some of these mistakes include a violation of your rights, a biased trial judge or denial of counsel.

What is the lazy judge rule?

If the court fails to rule, on a motion of a party, commonly referred to as the Lazy Judge rule, the case may be withdrawn from the trial court judge and transferred to the Supreme Court for assignment to a Special Judge to decide. In most cases, it is not prudent or wise to file a lazy judge motion.

How to prove you were not served properly?

Surveillance: You can provide surveillance footage showing you were not served at the alleged date or that the service was improper. Mail Records: If there's no mail delivered to you or if you haven't signed the receipt. It can indicate improper service.

Do judges read motions before court?

If you are referring to motions on legal issues the judge will review them in the course of the hearing or trial. If you are referring to documents to be submitted as evidence the judge may rule on their relevance and/or admissibility prior to going forward .

What are good reasons to request for reconsideration?

A clerical mistake or a misunderstanding about your qualifications are good reasons to request a reconsideration. State the facts: You can write to someone who you believe can help reconsider your case, but they may not be familiar with the circumstances before you reach out to them.

What are the grounds for Motion for Reconsideration?

What are the grounds for a Motion for Reconsideration?
  • The damages awarded are Excessive;
  • That the evidence is Insufficient to justify the decision or final order; or.
  • That the decision or final order is Contrary to law.

How do you win a reconsideration appeal?

6 Tips to Win Your Social Security Disability Reconsideration...
  1. File Your Appeal Within Sixty (60) Days. ...
  2. File The Correct Paperwork. ...
  3. Determine Why Your Application Was Denied. ...
  4. Ensure All Evidence Is Updated. ...
  5. Consider Having Your Treatment Provider Submit a Statement. ...
  6. Discuss Appeal with an Attorney.

How much is the fee for motion to reconsider?

(1) Motions to reopen or reconsider - When a filing fee is required, the fee for motions to reopen or reconsider is $145. The fee is paid to the Department of Homeland Security in advance.

When can a motion be reconsidered?

A motion to reconsider can be used in the following situations: New information is obtained that was not known at the time of the original vote. An error or oversight in the original deliberation or voting process.

How do you write a reconsideration letter to a judge?

How to write a letter of appeal in 8 simple steps
  1. Understand the decision. ...
  2. Review the appeal process. ...
  3. Gather all the information you have. ...
  4. Determine who will be reading your appeal. ...
  5. Explain what happened. ...
  6. Explain why you disagree. ...
  7. Propose an alternative outcome. ...
  8. Sign your letter.