Can I Change a Court Order in New Jersey?
The judge ruled, and it did not go your way. Before you resign yourself to the order -- or commit to a long and expensive appeal -- know that New Jersey gives you more than one way to challenge it, and at least one of them runs on a short clock. Simon Law Group, LLC can help you explore those options.
Understanding Your Options
If an order has already been entered in your case and you disagree with it, your first thought might be to file an appeal --and in some cases, that’s the right approach. But appeals can be complex, time-consuming, and expensive. Fortunately, you may have another option: filing a Motion for Reconsideration.
What Is a Motion for Reconsideration?
Under New Jersey Court Rule 4:42-2, the court has the discretion to revise or reconsider orders in ongoing cases. Specifically, the Rule allows:
“Any order or form of decision... shall be subject to revision at any time before the entry of final judgment in the sound discretion of the court in the interest of justice.” This means that if a court order seems unjust, you can ask the court to take another look--especially if there’s new evidence, a clear error, or a misunderstanding of the facts or law.
When to Act
Timing is critical. Motions for Reconsideration typically must be filed within 20 days of receiving the order. Waiting too long may result in missed opportunities to correct an unfair ruling.
Keep the signed order and record the date it was received. The available procedure and filing deadline depend on the order, the record, and the relief being requested.
An Illustrative Decision Point
Consider a hypothetical litigant who receives an unfavorable order while other claims in the case remain pending. Calling the order "final" or "temporary" in conversation does not determine the correct procedure. Counsel must read the order, docket, reasons, and remaining claims before choosing reconsideration, an appeal-related request, or another application.
Bring the signed order, proof of when it was received, the docket, written or oral reasons, motion papers, and any transcript. The first decisions are whether the order is final, what deadline applies, what part of the record supports a challenge, and whether the requested relief belongs before the same court or an appellate court. This hypothetical does not imply that disagreement alone is grounds to change a ruling.