Try, Try Again

Sometimes Judges don’t come to the right decision (or so us lawyers think).


If a lawyer thinks a judge made a mistake, he has thirty days to file a motion to reargue.


In a motion to reargue, the lawyer cannot bring up new facts. The lawyer can only argue that the judge was mistaken in the law or in the facts and try and correct him.


The downside is the lawyer has to reargue the motion in front of the same judge and explain (very politely) that the Judge got the last decision wrong.


As you can imagine, Judges don’t tend to agree with the lawyer’s assessment very often.


So, why does the lawyer make the motion? To preserve the record for appeal purposes, and in the hopes that the Judge will understand his position better on the second try.


When I won happen to win motions to reargue, it is usually because the law clerk wrote the decision or the Judge took the time to really understand the issues the second time around.


Thank you for reading, my business is to protect your business!

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