What is a Motion to Reargue
What is a Motion to Reargue
In motion to reargue, the attorney will be requesting the court to reconsider a decision that the court has already made on a request. Here is an example when this could occur. During the course of a medical malpractice lawsuit, the plaintiff's lawyer might ask the defense for a particular document that the lawyer thinks is paramount. For instance, the document could be a record of the hospital where the patient was treated, and the defense simply refuses to provide it.
Now, the plaintiff's lawyer will have the option of going to court and making a motion or formal request, explaining the fact that defense does not want to turn over this record. The lawyer must provide to the court, legal support for his request or legal reasoning why the defense should turn over this record. The defense will also have the opportunity to explain to the court why they are not providing the hospital record. The judge will then make a ruling or take a decision on the matter.
When can an Attorney make a Motion to Reargue
If for some reason the lawyer does not like the court's decision, the lawyer can come back and request on paper that the judge reconsider his decision. The lawyer may do this because he feels it is extremely important for his case to get the record from the hospital. When the lawyer makes the request to the judge to reconsider his decision, and it is again denied by the judge, the lawyer still has the ability to try to appeal to that decision.
The lawyer can take that decision and approach the appellate court. Here the lawyer will ask the appellate court to reconsider or ask for an evaluation of the judge's decision, whether the decision taken by the judge was correct or not.
Therefore, motion to reargue simply implies a request asking the judge to reconsider his former decision. Suppose, the lawyer does not have any new arguments to make and does not have any new evidence to present, the chances the judge will change his mind are quite slim.
Actually, unless the lawyer has something new to show to the judge, or make a new argument, or a new legal case, it is highly unlikely for the judge to change his mind. This is crucial to understand, since the judge is not going to change his decision unless the lawyer has something new to offer that has a bearing on the matter.
Possibly a Backfire
Motion to reargue could be crucial for a medical malpractice case, especially when there are some medical records or information to be acquired that the defense is unwilling to share. Since the judge has already established a decision on the matter, the lawyer has to consider carefully what legal points would make him change his earlier decision. Simply making the motion to argue without having strong points or arguments would be a waste of time, and it might only make the judge more adamant about the decision he has already made and conveyed.