![]() For authorities updated in real time, please see the SmartRules Guide for the litigation document you are drafting. Motions for rehearing should be used sparingly whether in state or federal court. Parties must not file a responsive or reply memorandum unless the court orders otherwise. A motion for reconsideration must not request oral argument. The authorities cited in this At A Glance Guide are current as of the publication date. A party seeking reconsideration of a court order or ruling may file a motion for reconsideration. ![]() 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. This is a sample pleading illustrating the format for a Motion for Reconsideration for a Protection from. 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. ![]() 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. ![]()
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