Should you file a motion for reconsideration?
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- Опубліковано 11 лют 2020
- After your criminal appeal is denied by the Georgia Court of Appeals or Georgia Supreme Court, you have 10 days to file a motion for reconsideration. When will the court grant a motion for reconsideration?
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Ryan Locke helps people who have been injured because of the negligence of others, usually in car wrecks or because of a hazard on a business’s property. Formerly a public defender, Ryan uses the same passion and relentless advocacy to obtain great results for his clients today. Ryan has recovered millions of dollars from negligent drivers and property owners for his clients.
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These videos are on point i have learned a lot about motion, law etc by looking at these helpful videos. keep posting thanks
Thanks Taranika!
by the way.... thank you for this video. refreshing to hear another venue of the legal spectrum!, not enough videos covering Criminal Rules of Evidence.
Thanks!
How to file motion of reconsideration with magistrate court? Clerk of courts seem like this is unheard of
Very rare to file one in Magistrate Court because the cases move fast and usually only have one hearing. In Georgia, you have the right to a de novo appeal in many Mag cases, meaning that you get a complete "re-do" in front of a state or superior court. Mag courts also usually don't have court reporters unless a party brings one or requests one. So let's say you lose a small claims case, instead of moving for reconsideration it just makes sense to file a de novo appeal. Probably the best strategy for a motion for reconsideration in Mag Court is to point out a specific error of law or something that would dispose of the entire case (for example, if in an eviction case the landllord accepted money from the tenant after filing).
when you file things like motions for considerations, contempt, motion to modify an order, etc, do you have to have the person served each time if it is on the same case (this is wisconsin).
Yes but service of pleadings in a case is different from service of process when you're initiating a case. Generally you only need to mail the opposing party the stuff you're filing except in limited circumstances.
I know you stated you are a criminal appeals
lawyer but I have an ongoing civil case in GA. Appeal was denied (petition for review) in less than 24 hrs by Superior Court. The judge’s decision and his legal references are all over the place and seem made up with one reference that is unmistakably not correct. He claimed specifically that Superior Court has no jurisdiction over the case due to it being an Art. 6 probate court. Most importantly the law for Petition for Review (5-3-1 thru 5-3-21) clearly states the reviewing court should have already transferred the case for proper jurisdiction and “petition for review should not be immediately dismissed.” Our county is 150 of 159 in GA based on size and clearly not an Art. 6 court. This is a small town case with small town politics in play.
My request for reconsideration was filed with the same Superior Court on 4/15/24.
Can Superior Court just ignore the motion for reconsideration filed? How long does the reviewing court have to decide?
The law says that a trial judge has to decide motions within 30 days if their county has fewer than 100,000 people or within 90 days if their county has more than 100,000 people. But the only remedy if a judge doesn't do that is he or she can be impeached and removed from office. In practice, sometimes it takes a while to get a ruling and the best you can do is keep reminding the judge's staff that you're waiting for a ruling. As a last resort you could file a mandamus lawsuit. Keep in mind that a motion for reconsideration does not extend the 30 day time limit to file a notice of appeal.
How about how to appeal or reopen a case; from a Municipal court, hard to find info due to the fact municipal courts are not state courts. A Home Depot store manager lied in court, I have a subpoenaed store video that shows that she lied. The video was not shown at my trial due to the prosecutor stating that he could not upload it. My appeal window is closing. Thanks for what you do,
Appeals from municipal courts are a real pain because you have to follow an appeal process that hasn't been updated since like 1800 and the stakes usually aren't high enough--it's just not worth $10-15K to appeal a fine or a month of jail time or something like that. You can find the process in OCGA 5-4-1 et seq.
Do I have to file a affidavit with the response to reconsider? ( family case)
Not sure--I don't do any family law. My gut says if the response relies on facts that are not already in the record then you should file an affidavit.
My question comes from another state. Federal civil matter. Can’t find the answer in their rule of procedure.pdf.
Can this motion to reconsider, be filed after say a partition motion to dismiss? If you don’t agree with partial defendants being dismissed? Or is this something you file after a trial or summary judgment?
A motion for reconsideration is filed after the court issues an order and you want to draw the court's attention to a fact or case law that you think it overlooked. For example, if the court issues an order relying on a case, but the case was overruled a few weeks before the order and the court didn't realize it, you could file a motion to reconsider and point that out. The same if the court got a material fact wrong--you can file this motion and point to the part of the record that establishes that fact. These motions are not effective if the court's analysis is correct but you think it just reached the wrong conclusion. Then you should appeal the order (either interlocutory, if the law permits it, or after there's a final order in the case).
Thanks we need more video about Georgia Lae to protect plaintiff rights for boundery line earth id removed
Thanks for the comment Albert, glad you like the videos
Is it appropriate to file a motion for reconsideration, when the court didn't hold a "Hearing" and determined probable cause based on a single law enforcement report that the supplemental narrative contradicts as to the merits, that recently that law enforcement officer officially acknowledges discrepancies per the prosecutor's request, that are significant to the merit ability of the case itself? it should be noted that the admission to the discrepancy, has only been submitted to the officer's office, not the courts, thus fat anyway. Can the determination be argued on the forth and sixth amendments, as well as the grounds, that have now been amended by sworn statement?
Can I use this motion after pre-trial and before jury trial if the judge said I was not allowed to file a countersuit or use any of the evidence that I have showing that the plaintiff has been sued in class action lawsuits for having lied about other debts owed to them the judge seems to be on their side big time and he just threw out all my evidence saying news articles and prior court cases against plaintiff are not admissible and my counter claim he said he didn't have time for and I wanted to file something to have him reconsider
Hi Leila, you can file this, but you'll want to explain why the judge was wrong by citing to law or court rule or something like that. Just saying that the judge made a bad decision usually doesn't work.
@@lockelawfirmllc6411 thank you
could a reconsideration motion be opening brief in the court of appeals?
No because the COA hasn't made a decision yet
Can I do a motion for reconsideration for a partial summary judgement
Yes, but I'd think about this question: Am I giving the trial court anything to reconsider, like case law or new facts, or am I just asking the court to switch its decision because I think it's wrong? Because if you think the court just got it wrong, then you should appeal instead of asking for reconsideration. Also figure out if a motion for reconsideration "tolls" or stops the clock for the deadline to appeal the decision. You don't want to lose your right to appeal because you're waiting for the pending motion for reconsideration.
@@lockelawfirmllc6411 Omg thank you soooooooo much… so it a case with two defendants. There is still one defendant left so I didn’t think I could file for a appeal since the case is not over. Yes, I have new case laws and a new rule to add
@@vegas9440look up the rules, some things you can appeal in the middle of a case and some things you have to wait until the end
hello i’m trying to About a re-consideration of bell and get approved for home detention due to covid reasons i need help
Shoot me an email at ryan@thelockefirm.com with the details and I'll see if we can help you.
I have some questions Ryan... could I ask you?
@@mateobaysa2055 yeah email me ryan@thelockefirm.com
Ryan@@lockelawfirmllc6411
What can you do if the 10-20 days has passed but is under 28 days?
I suppose you could file a motion for leave to file a late motion for reconsideration? But once the remittitur is issued then the appellate court loses jurisdiction, so you must file before then.
@@lockelawfirmllc6411 Okay thank you. It hasn't gone to appeals yet. It was dismissed with prejudice 24 days ago
@@lockelawfirmllc6411 Thank you!
What happened when CA denied your motion for reconsideration?
In Georgia, if the Court of Appeals denies the motion for reconsideration you have 10 days to file a petition for cert to the Georgia Supreme Court. Rule 38(a)(1). Otherwise the court will issue a remittitur in due course.
Does the judge have to explain why he will not reconsider or do they just say no?
Usually they deny the motion without explanation because usually there's an order explaining their original decision.
@@lockelawfirmllc6411 what if the judge never explained in the original decision. Let’s say he explained on a different case law. Say our motion was a Michaels he ruled on a njdre. He ruled on a different case law. It’s the courts obligation to make a ruling on Michaels and he avoids it.
Better yet what could you do if a judge is being corrupt. A corrupt player for the state
@@GMLwholesale Not familiar with the case law but a lot of times you get the decision you get and you have to deal with it. If the trial court is required to make findings and it doesn't do that then the appellate court will remand the case back to the trial court for those findings.
@@lockelawfirmllc6411 do all appellate appeals get heard?
What if my reconsideration was denied. Can I still appeal?
Yes! But the motion for reconsideration does not extend the time to appeal the order that you're asking the court to reconsider.
@@lockelawfirmllc6411 I came across 20 CFR § 802.205. “If a motion for reconsideration is denied, the full time for filing an appeal commences on the date the order denying reconsideration is filed.”
I filed for appeal after the The motion for reconsideration was denied and filed. So I’m still not capable of using this law in order to appeal?
@@lockelawfirmllc6411 this is for personal injury civil case.
@@TheNikkiLaFatale I don't do federal work so that could be a difference between Georgia and federal stuff.
Is it filed with the same judge who made his or her ruling in trial ?!
Yes. It goes to the same judge
Thanks
Can I file a motion for reconsideration myself without an attorney?
Hey Shaun, so two considerations: (1) you can't file stuff while you're represented by an attorney, so you'd either need to be pro se or fire your atty and have her withdraw, and it's a tight timeline to make that happen in the appellate courts and (2) motions for reconsideration are effective when they bring to light a point of law the court hasn't considered or a clear factual error (like, they say the witness said X but the witness really said Y). This kind of argument is hard to make pro se because you have to be knowledgeable about the law and have enough emotional distance from the case to see when there really is a factual error. These motions are never effective when they just say, hey, you got it wrong because you didn't listen to the arguments I already made. Thanks for asking the question.
I exposed and got removed a member from the HOA board member when she was caught serving by fraud under false ID, she then produced forged ID and she then lied under oath that she never sent that false CA DL to the board to continue the fraud. Suggest remedy and thanks.
Maybe you could sue the HOA, but from what I know about HOA suits they end up destroying the neighborhood because the legal fees to defend the HOA will be paid by all the houses in the HOA. Talk to a lawyer who does that kind of stuff for advice for your situation. My two cents is it's not worth it.
I've won MANY rec9nsideratuins WITIUT a lawyer. Most attys SUCK and give advice based on their income petence