What are the grounds for reconsideration?

April 22, 2021 Admin

Table of Contents

What are the grounds for reconsideration?

Under our rules of procedure, a party adversely affected by a decision of a trial court may move for reconsideration thereof on the following grounds: (a) the damages awarded are excessive; (b) the evidence is insufficient to justify the decision; or (c) the decision is contrary to law.

How does a motion for reconsideration work?

A motion for reconsideration asks the judge (usually the same one) to reconsider his decision in light of other facts, circumstances, or law that wasn’t brought up in the original hearing on the matter. Motions for reconsideration typically must be filed within ten days after the judge issues his order.

Can a judge change his mind after sentencing?

Yes, a judge can change his mind before he signs fhe Judgment of Conviction.

Can a judge overrule another judge’s order?

A judge can modify an order at any time for any reason, as long as the order is within the law. A federal trial judge can be overruled by a three-judge panel of a federal court of appeals. A federal appeals court can be overruled by the U.S. Supreme Court. The Supreme Court cannot be overruled by anybody.

Can a judge modify a sentence?

A judge may in fact modify your sentence if their was a clerical error. Yes. A court generally maintains power to correct an incorrect sentence. This means that if the sentence was brought about by a clerical error, the court can simply amend the abstract of judgment to reflect the correct sentence.

Can a mandatory minimum sentence be reduced?

Mandatory minimum sentencing laws are laws which force a judge to hand down a minimum prison sentence for certain crimes, such as drug possession. Judges cannot lower these sentences, even for extenuating circumstances that would otherwise lessen the punishment.

How long does it take for an appeal to go through?

An appellate court may issue its opinion, or decision, in as little as a month or as long as a year or more. The average time period is 6 months, but there is no time limit.