Immediately preceding text appears at serial pages (390207) to (390208). The provisions of this Rule 8.2 amended January 5, 2018, effective January 6, 2018, 48 Pa.B. Interlocutory orders may be reconsidered anytime during the pendency of the proceeding. The period for filing an appeal is not tolled by the filing of a motion for reconsideration unless the court grants the motion for reconsideration prior to the expiration of the appeal period. The filings required by this rule are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania. (c) Motions for reconsideration are not permitted to any order in involuntary termination or adoption matters under the Adoption Act, 23 Pa.C.S. Briefs in response to the motion for rehearing shall generally follow the form of the brief in support of the motion for rehearing. (b) Upon a motion to do so, a court may reconsider an interlocutory order at any time. 1 Defendants will file a substantive response to Plaintiffs Reconsideration Motion, but in so doing, Defendant do not expressly or implicitly waive their right to seek relief pursuant to Rule 12(f). 311, so long as the order granting reconsideration is consistent with Pa.R.A.P. This sample motion is intended for filing with the Board of Immigration Appeals (BIA). 341(b) or 342, or interlocutory orders subject to immediate appeal under Pa.R.A.P. (a) By motion, a party may request the court to reconsider any order that is final under Pa.R.A.P. Code Rule 8.2. Motions for Reconsideration. This sample motion for reconsideration for California is made pursuant to Code of Civil Procedure section 1008 (a) on the grounds that the motion for reconsideration should be granted due to new or different facts, circumstances or law discovered since the date of the order for which reconsideration is being requested. 676, 679 (2002), and is not intended to preclude a party from raising an issue on appeal under the plain error rule set forth in Supreme Court Rule 16-A.231 Pa. The third sentence of paragraph (a) derives from N.H. 1995), or a vehicle for presenting theories or arguments that could have been advanced earlier. (d) The filing of a motion for reconsideration or other post-decision relief shall not stay any order of the court unless, upon specific written request, the court has ordered such a stay. Moreover, a Rule 59 (e) motion to reconsider is not simply an opportunity to reargue facts and theories upon which a court has already ruled, New York v. (c) If a motion for reconsideration or other post-decision relief is granted, the court may revise its order or take other appropriate action without rehearing or may schedule a further hearing. (b) No answer to a motion for reconsideration or other post-decision relief shall be required unless ordered by the court, but any answer or objection must be filed within ten days of notification of the motion. A hearing on the motion shall not be permitted except by order of the court. To preserve issues for an appeal to the Supreme Court, an appellant must have given the court the opportunity to consider such issues thus, to the extent that the court, in its decision, addresses matters not previously raised in the case, a party must identify any alleged errors concerning those matters in a motion under this rule to preserve such issues for appeal. The motion shall state, with particular clarity, points of law or fact that the court has overlooked or misapprehended and shall contain such argument in support of the motion as the movant desires to present but the motion shall not exceed ten pages. (a) A motion for reconsideration or other post-decision relief shall be filed within ten days of the date on the clerkâs written notice of the order or decision, which shall be mailed or electronically delivered by the clerk on the date of the notice.
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