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Have Judges Been Getting The Standard For Motions For Reconsideration Wrong All Along? | Fox Rothschild LLP

To embed, copy and paste the code into your website or blog: You see it all of the time.  Someone file a motion with the court regarding discovery and/or asking for various pendente lite relief, like temporary support, temporary parenting time and other things that come up during the pendency of a case.  Judges are human and sometimes they just get it wrong, either because they get the law wrong, misunderstand the facts, miss certain things that are in the paper or for any other reason.  When that occurs, it is common for one or both sides to file a “motion for reconsideration” to correct the mistake.  Some people just file motions for reconsideration because they don’t like the result and want a “second bit of the apple” as is referenced in the case law.  That said, often there is a legitimate mistake that one side will take advantage off, often to prolong a case and/or negotiate in bad faith, because they have the so called “bird in the hand.”

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