How often are motions for reconsideration granted?

Asked by: Brody Howe  |  Last update: May 5, 2026
Score: 5/5 (61 votes)

Motions for reconsideration are rarely granted, as courts generally prefer finality, but success increases significantly with strong grounds like a clear misapplication of law, overlooked key evidence, a significant factual error, or a change in controlling legal authority. While statistics vary, many motions are denied, though some successful ones result in clarification rather than outright reversal, often by issuing a substitute opinion, showing they are not impossible.

What is the success rate of motions to reconsider?

Motion to reconsider success rates vary widely by jurisdiction and case type, generally being low (often under 20-30%) because they aim to correct clear errors, not reargue the case; however, success can jump significantly (e.g., up to 35% for some immigration motions) when clear overlooked evidence or misapplied law is presented, as it's sent back to the original decision-maker who can correct their own mistakes. Generic requests are rarely successful, requiring specific, compelling arguments showing manifest injustice or new facts/law.
 

Can a judge deny a motion for reconsideration?

A motion for reconsideration may be properly denied if based on unraised facts known to the movant prior to entry of judgment.

How to win a motion for reconsideration?

You just need to convince the court that new developments, accurate law or a correct view of the facts justify a new ruling. If you think your case has solid grounds that support a Motion for Reconsideration, go ahead – it may help you win the war.

What happens after a motion for reconsideration?

What will the judge do after I file a Motion for Reconsideration? In most cases, the judge must give the other party at least 14 business days to file a written opposition to your Motion. The judge is not required to make a decision within any specific amount of time.

What is a Motion for Reconsideration?

44 related questions found

What's next after a motion for reconsideration?

Wait for the Court's Decision:

After considering your Motion for Reconsideration and any responses from the other parties, the court will issue a decision either granting or denying the motion. This decision will be based on the court's assessment of the legal and factual issues raised.

What are common grounds for reconsideration?

Common grounds for reconsideration in legal or administrative matters include newly discovered evidence, clear errors of law or fact, an intervening change in controlling law, or to prevent manifest injustice, but generally not just because a party disagrees with the outcome. It's a request for the original decision-maker to review their ruling due to significant oversights or new developments, rather than an appeal to a higher court. 

What happens if reconsideration is denied?

Next Steps After a Reconsideration Denial

You must request a hearing within 60 days of receiving that notice. A hearing will allow you to present evidence, witnesses, and arguments to convince an administrative law judge that you qualify for disability benefits.

What makes you look better in court?

Dress Neatly and Make Sure Your Clothes Fit

The first rule of thumb for what to wear to court is to dress appropriately by choosing clothing that looks clean, neat, and fits you well. You do not have to buy a new outfit, just be sure that you are meeting those two criteria with what you choose.

What is the hardest case to win in court?

The hardest cases to win in court often involve high emotional stakes, complex evidence, or specific defenses like insanity, with sexual assault, crimes against children, and white-collar crimes frequently cited as challenging due to juror bias, weak physical evidence, or technical complexity. The insanity defense is notoriously difficult because it shifts the burden of proof and faces public skepticism. 

What is the lazy judge rule?

Trial Rule 53.2 are officially titled "Failure to rule on motion" and "Time for holding issue under advisement; delay of entering a judgment but are commonly known as the 'lazy judge' rules." Under those rules, the trial court has 90 days in which to render its decision; and that time can only be extended by order of ...

What are the grounds for reconsideration of a motion?

Grounds for a motion for reconsideration typically involve arguing that the court made a clear error of law or fact, the decision is contrary to the evidence, new and material evidence has emerged, the controlling law has changed, or a manifest injustice will occur without correction, essentially asking the original court to review its ruling due to specific flaws or new information not previously considered. 

How long does it take for a reconsideration decision?

A Social Security disability reconsideration decision typically takes 3 to 9 months, though it can vary; it's the first appeal stage after an initial denial, involving a new examiner reviewing your case and new evidence, with longer times often due to delays in obtaining updated medical records or high caseloads. 

Is it worth doing a mandatory reconsideration?

You should still ask for a mandatory reconsideration if you got the decision less than 13 months ago. PIP awards are based on what help you need with very specific activities because of your disability, illness, or treatment. Fit the difficulties you have to one of the descriptors.

How often are court appeals won?

Criminal Appeals in State Courts

Nearly two-thirds (63%) of appeals were reviewed on the merits of the case, and a majority (81%) of these appeals upheld or affirmed the trial court decision (figure 1). Overall, more than half (52%) of all appeals resulted in an affirmation of the trial court decision.

What color do judges like to see in court?

Judges prefer neutral, conservative colors like navy, gray, black, brown, and white, as they convey seriousness, respect, and professionalism, while avoiding distractions. Bright colors, flashy patterns, and overly casual attire (like shorts or t-shirts) are discouraged because they can appear unserious or disrespectful in a formal courtroom setting.
 

How to impress a judge in court?

To impress a judge, be prepared, respectful, and calm by dressing professionally, arriving early, addressing the judge as "Your Honor," speaking clearly and concisely, sticking to facts, and showing you've done your homework on the law and your case, while avoiding emotional outbursts or disrespect. Offering fair solutions upfront and admitting weaknesses can also build credibility. 

What colors to avoid in court?

Avoiding bright colors and overly bold patterns is wise. Such choices can appear distracting or too casual for a formal atmosphere.

How to win a reconsideration?

Table of Contents

  1. #1: File Your Appeal on Time.
  2. #2: Understand Why Your Claim Was Denied.
  3. #3 File the Proper Paperwork.
  4. #4: Submit Your Medical Records.
  5. #5: Write an Appeal Letter.
  6. #6: Hire a Lawyer.

How long is mandatory reconsideration taking?

How long does a mandatory reconsideration take? The short answer is that nobody knows. It will vary from case to case and office to office. The one thing we know for certain is that there is no time limit within which the DWP must carry out a mandatory reconsideration – they can take as long as they choose.

What is the success rate of motions for reconsideration?

Motion to reconsider success rates vary widely by jurisdiction and case type, generally being low (often under 20-30%) because they aim to correct clear errors, not reargue the case; however, success can jump significantly (e.g., up to 35% for some immigration motions) when clear overlooked evidence or misapplied law is presented, as it's sent back to the original decision-maker who can correct their own mistakes. Generic requests are rarely successful, requiring specific, compelling arguments showing manifest injustice or new facts/law.
 

What is next after a motion for reconsideration?

Appeal Process

If the motion for reconsideration is denied and the party believes there are valid grounds for an appeal, they must file a notice of appeal within the prescribed period, usually 15 days from the notice of denial.

When can a motion to reconsider be made?

Motion for reconsideration

You must file this motion within 10 days of being served with the written notice of entry of the order you want the court to reconsider. The motion must include an affidavit detailing the original order and the new information.