A “Sample Letter to Get Motion for Reconsideration” is a written request. It asks a court to review a previous decision. You might need this letter if you believe the court made an error. Perhaps new evidence surfaced. Maybe the judge misunderstood the law.
This article provides examples. We’ll share sample letters. They cover various situations. You can adapt them to your needs. Writing a motion for reconsideration can be tricky. Our samples simplify the process.
Need to challenge a court ruling? These samples can help. They offer a starting point. They save you time and effort. Let’s get started.
Sample Letter To Get Motion For Reconsideration
**Sample Letter To Get Motion For Reconsideration**
[Your Name]
[Your Address]
[City, State, Zip Code]
[Email Address]
[Phone Number]
[Date]
[Judge’s Name]
[Court Name]
[Court Address]
[City, State, Zip Code]
**Subject: Motion for Reconsideration in Case [Case Number]**
Dear Judge [Judge’s Last Name],
I am writing to respectfully request the Court to reconsider its decision in the above-referenced case, issued on [Date of Decision].
I believe the Court overlooked [Specific Fact 1] and [Specific Fact 2] when making its determination. These facts are important because [Explain why the facts are important and how they impact the case].
Furthermore, I believe the Court’s decision is inconsistent with [Relevant Law/Precedent]. Specifically, [Explain the inconsistency and cite the relevant law/precedent].
A reconsideration of this decision would allow the Court to consider these overlooked facts and ensure consistency with established legal principles. This would ultimately lead to a more just outcome in this matter.
I am confident that upon further review, the Court will find merit in my request. I am available to provide any additional information or documentation the Court may require.
Thank you for your time and consideration.
Sincerely,
[Your Name]
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How to Write a Letter To Get Motion For Reconsideration
1. Crafting a Compelling Subject Line
The subject line is your first, and perhaps most crucial, opportunity to capture the court’s attention. A vapid or generic subject line can easily be overlooked. Instead, opt for clarity and precision. For instance:
- Unsuitable: Motion for Reconsideration
- Suitable: Motion for Reconsideration of Order Granting Summary Judgment
- Even Better: Urgent: Motion for Reconsideration – Flawed Factual Basis in Summary Judgment Order
The goal is to immediately convey the nature of your request and hint at the grounds upon which it rests.
2. The Salutation: Professional Courtesy
Even in the digital age, observe proper courtroom decorum. A respectful salutation sets a professional tone. Avoid overly familiar greetings.
- Address the judge: “Honorable Judge [Judge’s Last Name],”
- If unsure of the judge’s preferred title, “Dear Judge [Judge’s Last Name]:” is a safe bet.
- Never use first names.
3. Introductory Paragraph: Setting the Stage
The opening paragraph should succinctly state the purpose of your letter. Be direct and unequivocal. Don’t bury the lede.
- “I am writing to respectfully request the Court to reconsider its order dated [Date of Order] granting [Opposing Party]’s Motion for Summary Judgment.”
- “This letter constitutes a formal motion for reconsideration of the Court’s decision to deny our motion to compel discovery, entered on [Date].”
Mention the specific order you are challenging and provide the date for easy reference.
4. Articulating the Grounds for Reconsideration
This section is the substantive core of your letter. You must persuasively demonstrate why reconsideration is warranted. Typically, this involves highlighting:
- Newly Discovered Evidence: Present evidence that was unavailable at the time of the original ruling and would likely alter the outcome.
- Clear Error of Law: Identify a specific legal precedent or statute overlooked or misapplied by the court.
- Manifest Injustice: Argue that the original ruling leads to an egregious and inequitable result.
Be methodical and provide precise citations to relevant legal authorities. Avoid conjecture and rely on concrete facts.
5. Developing Your Argument: Persuasive Rhetoric
This is where your advocacy skills come into play. Craft a compelling narrative that supports your grounds for reconsideration. Employ persuasive language and logical reasoning.
- Highlight inconsistencies: “The Court’s finding that [Fact A] is inconsistent with the undisputed evidence presented in Exhibit B.”
- Emphasize critical omissions: “The order fails to address the crucial element of [Legal Element] as required by [Case Law].”
- Draw parallels to favorable precedents: “This case is analogous to [Case Name], where the court held that…”
Present your arguments with clarity and concision. Avoid rambling or hyperbole.
6. Concluding Paragraph: A Firm Request
Reiterate your request for reconsideration in a clear and confident manner. Suggest a specific course of action for the court.
- “For the foregoing reasons, I respectfully request that the Court grant this motion for reconsideration and vacate its prior order.”
- “I urge the Court to schedule a hearing on this matter to allow for a more thorough presentation of the evidence.”
- “Therefore, we respectfully request the Court to reconsider its denial of our motion to compel and order [Opposing Party] to comply with our discovery requests.”
7. Closing: Professional Demeanor
End with a formal and respectful closing.
- “Respectfully submitted,”
- “Sincerely,”
Followed by your name, contact information, and bar number (if applicable). Ensure your signature is included, either digitally or physically.
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Frequently Asked Questions: Motion for Reconsideration Sample Letters
This section addresses common inquiries regarding sample letters used to request a motion for reconsideration. Understanding the nuances of these letters can significantly impact the success of your request.
What is the purpose of a sample letter for a motion for reconsideration?
A sample letter serves as a template or guide to assist in drafting a formal request to the court or relevant authority to reconsider a previous decision.
What key elements should be included in the sample letter?
Essential elements include the case name and number, the specific order being challenged, the legal basis for reconsideration, and a clear statement of the relief requested.
Where can I find a reliable sample letter for a motion for reconsideration?
Reputable legal websites, law libraries, and legal professionals can provide access to vetted sample letters tailored to specific jurisdictions and circumstances.
How should I adapt a sample letter to fit my specific situation?
Carefully modify the sample letter to reflect the unique facts of your case, the applicable laws, and the specific reasons why reconsideration is warranted.
Is it necessary to consult with an attorney when drafting a motion for reconsideration, even with a sample letter?
Consulting with an attorney is strongly recommended, as they can provide legal advice, assess the merits of your case, and ensure the motion complies with all applicable rules and procedures.