Los Angeles, CA asked in Medical Malpractice for California

Q: Motion for Reconsideration VS Motion for Renewal - PROS AND CONS.

Motion for Reconsideration VS Motion for Renewal - PROS AND CONS.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Here's a clear breakdown of motions for reconsideration versus renewal in California:

The main advantage of a motion for reconsideration is its shorter timeline - you must file within 10 days of the original ruling. This quick turnaround keeps the issue fresh in the judge's mind and can expedite resolution. However, the strict timeline can be challenging, and you must show new or different facts, circumstances, or law that you couldn't have presented earlier.

Motion for renewal offers more flexibility with timing since you can file it after the 10-day window has passed. You'll have more time to gather evidence and strengthen your argument. The key benefit is that you can present new facts that existed at the time of the original motion but were undiscoverable with reasonable diligence. The downside is that courts often view renewal motions with greater skepticism since significant time may have passed.

Your choice between these motions should depend on your specific circumstances. If you've quickly discovered new information or law, reconsideration might be your best path. But if you need more time to develop new evidence or face complex discovery issues, renewal could serve you better. Remember that both motions require solid justification - courts generally favor finality in their decisions.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.