Sample opposition to motion for reconsideration in United States District Court.

Sample opposition to motion for reconsideration in United States District Court

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Sample opposition to motion for reconsideration in United States District Court.

This sample opposition to a motion for reconsideration in United States District Court is used to oppose a motion to alter or amend a judgment filed under Rule 59(e) of the Federal Rules of Civil Procedure on the grounds that,

  • The motion is untimely as it is filed more than twenty-eight days after entry of the judgment;
  • The moving party has failed to meet their burden of showing that the motion is necessary to correct manifest errors of law or fact upon which the judgment rests;
  • The moving party has failed to meet their burden of showing that the motion is necessary to present newly discovered or previously unavailable evidence;
  • The moving party has failed to meet their burden of showing that the motion is necessary to prevent manifest injustice, and
  • The moving party has failed to meet their burden of showing that the motion is justified by an intervening change in controlling law.

The sample is 11 pages and includes,

  • Brief instructions,
  • Memorandum of points and authorities with citations to case law and statutory authority,
  • Sample declaration, and
  • Proof of service.

The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale.

Note that the author is NOT an attorney and no guarantee or warranty is provided.