Is Reconsideration An Option?

So, you have received a decision from the court and you are disappointed. The judge did not see the issue your way and denied your motion. You believe that the court missed something that should have resulted in your favor. Do you move to reconsider?

A motion for reconsideration is not specifically provided for under the Rules of Civil Procedure, but it is a common tool used by litigants. For those decisions that are interlocutory (meaning they do not end the case), Rule 54(b) provides one avenue for the court to reconsider a prior order. The rule states in part, "any order or other form of decision is subject to revision at any time before the entry of judgment adjudicating all the claims and the rights and liabilities of all the parties." N.C. R. Civ. P. 54(b). This is the mechanism used by many practitioners to ask the court to reconsider a prior order.