Saturday, March 15, 2014

Appellate Rule 2:11-6. Motion for Reconsideration

2:11-6. Motion for Reconsideration

  • (a) Service; Filing; Contents; Argument. Within ten days after entry of judgment or order, unless such time is enlarged by court order, a party may apply for reconsideration by serving two copies of a motion on counsel for each of the opposing parties and filing nine copies thereof with the Supreme Court, or five copies thereof with the Appellate Division, as appropriate. One filed copy shall be signed by counsel. The motion shall not exceed 25 pages and shall contain a brief statement and argument of the ground relied upon and a certificate of counsel that it is submitted in good faith and not for purposes of delay. The motion shall have annexed thereto a copy of the opinion or order that is the subject thereof. An answer shall be filed only if requested by the court, and within ten days after such request or within such other time as the court fixes therein. The motion will not be argued orally.
  • (b) Grant of Motion. A motion for reconsideration will be granted only if it is moved by a justice or judge who concurred in the judgment or decision, and a majority of the court so determines. It may be granted in whole or in part, and on terms. Unless otherwise ordered by the court, the motioning party shall be regarded as the appellant on reconsideration of a judgment or order that disposes of the appeal and shall file a brief within 30 days of the entry of the order granting the reconsideration. Thereafter the same procedures shall be followed as are provided for an original appeal.
  • (c) Determination of Appeal. The court may, where appropriate, summarily redetermine the appeal or amend its opinion.