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Opposition to motion for reconsideration in California

Filing an opposition to a motion for reconsideration in California is the topic of this blog post.   Any motion for reconsideration in California is governed by Code of Civil Procedure section 1008(a) and the moving party must strictly comply with its provisions or the motion will be denied.

Thus any California attorneys or parties served with a motion for reconsideration should carefully review the motion and supporting declarations to determine if the party who filed the motion for reconsideration has strictly complied with the provisions of Code of Civil Procedure section 1008(a).

The first and most important provision that the party moving for reconsideration must meet is the 10 day time limitation on filing the motion. That time limitation is jurisdictional based on the intent of the California legislature as has been stated in several California Court of Appeal decisions. Any motion for reconsideration must be filed within 10 days after service on the party of written notice of entry of the order or the motion must be denied.

The second provision is that the party moving for reconsideration of an order must make a showing of new or different facts, circumstances or law since the date of the original order or the motion will be denied, and the moving party must provide an adequate explanation as to why they did not provide the evidence earlier.  If the moving party does not show adequate diligence the motion must be denied.

Code of Civil Procedure § 1008(a) states that “When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.”

A motion for reconsideration is only applicable to interim orders, not final orders.  Note that any party affected by an order may file a motion as reconsideration is not limited to the party who filed the original application for an order.

Attorneys and parties in California who would like to view a portion of a sample opposition to a motion for reconsideration that contains a memorandum of points and authorities, sample declaration and  proof of service by mail that is sold by the author can see below.

 

Attorneys or parties in California that would like more information on a California litigation document package containing over 55 sample documents including an opposition to a motion for reconsideration can use the link shown below.

California law and motion litigation document package

The author of this blog post Stan Burman is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

To subscribe to his FREE weekly legal newsletter visit: http://www.legaldocspro.net/newsletter.htm

Copyright 2013 Stan Burman. All rights reserved.

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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