
- #Sample motion for reconsideration virginia full
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The Court in Cottrell corrected its decision regarding child support and life insurance. These errors in math and application of the law are appropriate issues to review in a Motion for Reconsideration. The Court, also, had improperly ordered the husband to maintain his wife as a life insurance beneficiary when there was no statutory authority to do so.
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In Cotrell, the trial court reconsidered its original divorce decree upon argument that the Court calculated tax considerations for support when no evidence regarding tax consequences had been presented.
#Sample motion for reconsideration virginia code
Not only is there authority for doing so under a Motion for Reconsideration, but there is also authority in Virginia Code 8.01-428 or Rule 1:1.Īn example of this type of relief may be found in Cottrell v. Clearly, if the trial court has made an error in math in his/her letter opinion and/or final order, the trial court is more likely to reconsider the opinion and correct the error. The circumstances in which the proponent for a Motion to Reconsider is most likely to succeed are those involving technical error.

On appeal, the Court of Appeals upheld the trial judge’s granting the Motion to Reconsider citing Morris and stating that the Court’s decision to grant such a Motion to Reconsider lay within the sound discretion of the trial court.įrom a review of the last several years of decisions from the Virginia Court of Appeals it appears that Motions to Reconsider are being used by advocates to address the following: In considering the Motion to Reconsider, the Court took additional evidence and changed the child support based on father’s receipt of the gifts, but again refused to include the insurance policy proceeds in father’s gross income. There had been evidence at the original hearing on both issues. She asked that the father’s child support be changed based on gifts and insurance proceeds received by the father. In Howe, the trial judge had granted the mother’s Motion for Reconsideration. This decision was recently upheld in Howe v. Therefore, it was within the sound discretion of the Court to refuse to take further evidence on the subject.
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The Court ruled that at the evidentiary hearing, which consisted of two full days of testimony, each party had ample opportunity to present its evidence. The Court refused to grant the Motion as it considered the wife’s additional evidence concerning the source of funds used to purchase real estate to have been available at the time of the evidentiary hearing. The Court had not entered its final order on the evidentiary hearing. She filed a Motion for Reconsideration of this new evidence.

In Morris, a divorce and equitable distribution case, the wife sought to present additional evidence after the evidentiary hearing. The standard for review has been stated in Morris v.

Motions to reconsider at the trial court level are often filed by counsel after a long and complex preparation for trial and an arduous hearing. Virginia Attorneys > Blog > General > Motions to Reconsider Motions to Reconsider
