Oftentimes, clients want to know their options when they receive an order from a judge with which they disagree. One of the options available is to file a Motion for Reconsideration pursuant to R. 4:49-2. Pursuant to this Rule, a party may request reconsideration of a prior order if he or she is able to demonstrate that there are matters which were overlooked by the Court or as to which the Court has erred.
Courts have made very clear that this option is not meant to be exercised when a litigant disagrees with a decision or is dissatisfied with the outcome. A Motion for Reconsideration is not intended to give a litigant “a second bite at the apple.” Instead, it is meant to be utilized in instances where the Court has based its decision on plainly incorrect reasoning or when it failed to consider evidence.
It is important to note that a Motion for Reconsideration must be made within twenty (20) days after you receive the original Order. If you believe that an order was entered in error or that there were issues overlooked by a judge, seek a consultation from an experienced attorney in order to discuss your options. [Posted by Jenny Birz, Esq.]
