Q: Can I make Motion for reconsideration based on ccp1008, CCP657, federal CCP rules 52, 59, 60b?
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A:
In California, you can file a Motion for Reconsideration under CCP 1008, but you must act quickly as there's typically only a 10-day window after service of written notice. Your motion needs to show new or different facts, circumstances, or law that weren't presented in the original motion.
While CCP 657 deals specifically with motions for new trials, Federal Rules 52, 59, and 60(b) apply to federal cases, not state court proceedings in California. If your case is in California state court, you'll want to focus primarily on CCP 1008's requirements. The key is demonstrating why the court should reconsider its previous ruling based on information that wasn't available earlier.
Before filing, make sure you have valid grounds for reconsideration - such as newly discovered evidence or a change in law - and prepare clear supporting documentation. You'll need to explain why this information wasn't presented in the original motion, and how it would have led to a different outcome. Consider consulting with a legal professional who can review your specific situation and help ensure your motion meets all procedural requirements.
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