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Do I need to file a rebuttal for a motion of reconsideration sent to the judge/courts by ex husband?

Montclair, NJ |

I filed a motion through the courts and was granted everything in my favor. Now my ex-husband has filed a motion of reconsideration and I wanted to know if I had to file a rebuttal to the motion of reconsideration, since I don't agree.

Attorney Answers 4

Posted

You should always file some form of rebuttal, even if it is just to point out that his Motion for Reconsideration should be denied as he has failed to point out any error committed by the court.

If you do not file any opposition (although unlikely), a court could consider his Motion to be "unopposed," and grant the relief he is requesting.

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Posted

It depends on his motion. A motion for reconsideration typically has a low chance of success, but chances are always better if it is prepared by a lawyer. Call if you have more questions. My contact information is in my profile. I do not charge for consultations.

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Posted

If he filed a certification in support of his reconsideration motion, you can file a reply certification to rebut his new facts.

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Posted

You should absolutely respond to his motion for reconsideration. His motion for reconsideration must be based on an error committed by the Court or some new information or evidence that was unavailable at the time the original motion was filed. He is not allowed "a second bite at the apple" so to speak. However, if he did not respond to your original motion, then any information he brings in the motion for reconsideration would be considered new evidence.

Nevertheless, you should file a response to his motion for reconsideration even if you are merely relying on your original motion papers.

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