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Tag Archives: family law

The Judge Got It Wrong Now What

Sometime Judges make the wrong decision. This can be because they do not have all the facts or because they are misinterpreting the law. Prior to filing an appeal, you should contemplate whether a Motion for Reconsideration is appropriate in your case as it is generally cheaper and quicker than filing an appeal. Reconsideration is “a matter within the sound discretion of the court, to be exercised in the interest of justice.” D’Atria v. D’Atria, 242 N.J. Super. 392, 401 (Ch. Div. 1990). A Motion for Reconsideration is only appropriate when the court’s decision is based on plainly incorrect reasoning, when the court failed to consider evidence, or there is good reason for it to reconsider new information. Town of Phillipsburg v. Block, 380 N.J. Super. 159, 175 (App. Div. 2005); Casino Reinvestment v. Teller, 384 N.J. Super. 408, 413 (App. Div. 2006). The preferred course for one unsatisfied with a judicial determination, where there is no mistake as to fact or law, is to seek an appeal. D’Atria at 401.

The New Jersey Court Rules provide the procedure for filing a Motion for Reconsideration with the Court. When filing a Motion for Reconsideration you must assure you are in compliance with R. 4:49-2. R. 4:49-2 states that Motions for Reconsideration must be filed with the court no later than twenty (20) days from the date of service of the Order to be reconsidered, must state with specificity how the court made a mistake, and attach a copy of the Order to be reconsidered.

When the Court rules on the Motion for Reconsideration it may consider new information if there is good reason. Town of Phillipsburg v. Block, 380 N.J. Super. 159, 175 (App. Div. 2005); Casino Reinvestment v. Teller, 384 N.J. Super. 408, 413 (App. Div. 2006). However, it is improper for the court to consider new arguments that were not raised in the original motion. Lahue v. Pio Costa, 263 N.J. Super. 575, 598 (App. Div. 1993). You should discuss with your attorney whether filing a Motion for Reconsideration is appropriate in your case. Contact our offices today to schedule an appointment.

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