For authorities updated in real time, please see the SmartRules Guide for the litigation document you are drafting. The authorities cited in this At A Glance Guide are current as of the publication date. CCP § 1008(a).Ī motion for reconsideration must 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. CCP § 1008(a).Ī motion for reconsideration must be based on new or different facts, circumstances or law. CCP § 1008(a).Ī motion for reconsideration must be made to the same judge who made the original order. For a more detailed treatment, including local rules, please see the California Superior Court SmartRules Guides: Motion for Reconsideration, Opposition to Motion for Reconsideration and Reply in Support of Motion for Reconsideration.Ī motion for reconsideration must be made within ten (10) days after service of the notice of entry of the order or ruling to be reconsidered. Generally, where a party files a motion to dismiss under Rule 12 in lieu of filing an answer, the due date for the responsive pleading will be 14 days after receiving notice that the court has denied the motion to dismiss or postponed disposition of the motion until trial.
#Sample motion for reconsideration ocga code#
The law of the case rule is abolished but generally judgments and orders shall not be set aside or modified without just cause and, in setting aside or otherwise modifying judgments and orders, the court shall consider whether rights have vested thereunder and whether or not innocent parties would be injured thereby provided, however, that any ruling by the Supreme Court or the Court of Appeals in a case shall be binding in all subsequent proceedings in that case in the lower court and in the Supreme Court or the Court of Appeals as the case may be.Use this “At A Glance Guide” to learn the California statewide rules of civil procedure (California Code of Civil Procedure) applicable to a motion for reconsideration. Motion to Dismiss Crossclaim Counterclaim. Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. In all other instances, all motions to set aside judgments shall be brought within three years from entry of the judgment complained of.
#Sample motion for reconsideration ocga trial#
Motions for new trial must be brought within the time prescribed by law. A judgment void because of lack of jurisdiction of the person or subject matter may be attacked at any time. Motions to set aside judgments may be served by any means by which an original complaint may be legally served if it cannot be legally served as any other motion. Reasonable notice shall be afforded the parties on all motions. The use of a complaint in equity to set aside a judgment is prohibited. Under this paragraph, it is not sufficient that the complaint or other pleading fails to state a claim upon which relief can be granted, but the pleadings must affirmatively show no claim in fact existed. (3) A nonamendable defect which appears upon the face of the record or pleadings. (2) Fraud, accident, or mistake or the acts of the adverse party unmixed with the negligence or fault of the movant or (1) Lack of jurisdiction over the person or the subject matter A motion to set aside may be brought to set aside a judgment based upon: A motion for new trial must be predicated upon some intrinsic defect which does not appear upon the face of the record or pleadings. Judgments may be attacked by motion only in the court of rendition. A judgment may be attacked by motion for a new trial or motion to set aside. In all other instances, judgments shall be subject to attack only by a direct proceeding brought for that purpose in one of the methods prescribed in this Code section.
A judgment void on its face may be attacked in any court by any person.
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