Where can I find a form to file a motion for reconsideration?

Asked almost 5 years ago - Stockton, CA

I want to file a motion for reconsideration of an order (CCP 1008(a). Where can I obtain this form?

Attorney answers (2)

  1. Kenneth Evan Chyten

    Contributor Level 14

    Answered . A motion for reconsideration requires a notice of motion, memorandum of points and authorities, and supporting declaration.

    It is a difficult motion to win, absent new or different facts, circumstances or law, and must be filed within 10 days of the ruling in question.

    PLEASE NOTE THAT THIS RESPONSE SHOULD NOT BE CONSTRUED AS A LEGAL OPINION OR ADVISE, AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. IN ORDER TO RENDER A LEGAL OPINION OR ADVISE, THE RESPONDING ATTORNEY WOULD NEED FAR MORE INFORMATION THAN HAS BEEN PROVIDED, AND WOULD NEED TO BE RETAINED PURSUANT TO A WRITTEN FEE AGREEMENT.

  2. Kurt Eugene Lee

    Contributor Level 13

    Answered . http://blogs.smartrules.com/tag/motion-for-reco... appears to provide a quick overview of what is required for a motion for reconsideration and the time limits which apply to such a motion. Given that a motion for reconsideration needs to be based upon "new or different facts, circumstances, or law," and be "accompanied by a declaration describing the previous application, identifying the judge to whom the application was made, what orders or decisions were made on the previous application, and what new or different facts, circumstances or law are claimed to exist," it does not sound like there is a "form" motion you can use.

    You should immediately contact a California attorney about this matter.

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