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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.

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Best Answer

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.

The Answer provided was based on the limited information provided, and represents information based on the law in general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances. You cannot rely on the advice of an attorney given over the internet. The exact facts of your sitaution, including facts which you have not mentioned in your question, may completely change the opinion that is being offered. Please be aware that the above comments are neither protected by attorney-client privilege, nor may the same be the basis for a malpractice lawsuit.


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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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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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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