Arkansas State Court Motion for Reconsideration (Civil)

MOTION FOR RECONSIDERATION OF [DESCRIBE ORDER — E.G., ORDER DENYING DEFENDANT'S MOTION TO DISMISS]

[MOVANT NAME] ("Movant"), the [Plaintiff/Defendant], respectfully moves this Court to reconsider its [Order/Ruling] entered [__/__/____] (the "Order"). This Motion is made pursuant to [☐ the Court's inherent authority to revise an interlocutory order before final judgment, see Ark. R. Civ. P. 54(b) / ☐ Ark. R. Civ. P. 60(a)]. In support, Movant states:

I. INTRODUCTION

1. Movant seeks reconsideration of the Order, which [describe what the Court decided].

2. The Order is [☐ interlocutory/non-final — it [explain, e.g., "resolves fewer than all claims and no Rule 54(b) certification has been entered"] / ☐ a judgment, order, or decree entered within the last ninety (90) days].

3. Reconsideration is warranted because [☐ an intervening change in controlling law / ☐ newly available evidence not previously discoverable with reasonable diligence / ☐ the need to correct error or prevent the miscarriage of justice], as set forth below.

II. THE SPECIFIC ORDER TO BE RECONSIDERED

4. On [__/__/____], the Court entered the Order, which [state precisely what the Court decided — the holding, the relief granted or denied, and as to which claim(s)/party(ies)]. The Order was filed with the clerk on [__/__/____].

5. Character of the Order. [Choose one:]
   - Interlocutory: The Order does not adjudicate all claims of all parties and no Rule 54(b) certificate of finality has been entered. The Court therefore retains authority to revise it at any time before final judgment.
   - Final judgment/order within 90 days: The Order was filed [__/__/____], which is within ninety (90) days; the Court may modify or vacate it under Ark. R. Civ. P. 60(a) to correct error or prevent the miscarriage of justice.

III. LEGAL STANDARD

6. Interlocutory orders — Rule 54(b). "[A]ny order or other form of decision, however designated, that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties . . . 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." Ark. R. Civ. P. 54(b)(2). The circuit court thus retains inherent authority to reconsider and revise a non-final order before final judgment.

7. Judgments, orders, and decrees — Rule 60(a). "To correct errors or mistakes or to prevent the miscarriage of justice, the court may modify or vacate a judgment, order or decree on motion of the court or any party, with prior notice to all parties, within ninety days of its having been filed with the clerk." Ark. R. Civ. P. 60(a).

8. After ninety days — Rule 60(c). After ninety days, a judgment may be set aside only on the limited grounds enumerated in Ark. R. Civ. P. 60(c) (e.g., clerical mistakes, misrepresentation or fraud, lack of jurisdiction, newly discovered evidence that could not have been discovered in time for a Rule 59 motion, and other enumerated grounds). [If more than 90 days have elapsed and the Order is final, identify the specific Rule 60(c) ground.]

9. Recognized substantive grounds. Whether proceeding under Rule 54(b) (interlocutory) or Rule 60(a) (within 90 days), reconsideration is appropriately sought to: (a) account for an intervening change in controlling law; (b) present new evidence not previously available with reasonable diligence; or (c) correct clear error or prevent the miscarriage of justice. Reconsideration is not a vehicle to relitigate matters already decided.

IV. ARGUMENT

Ground Selected (check all that apply)

☐ A. Intervening change in controlling law
☐ B. New evidence not available with reasonable diligence
☐ C. Clear error / miscarriage of justice (Rule 60(a))

A. Intervening Change in Controlling Law

10. Since the Court entered the Order, the controlling law has changed. Specifically, [identify the new decision, statute, or rule — e.g., the Arkansas Supreme Court's decision in [CASE], ___ S.W.3d ___ (Ark. [YEAR]); or the enactment/amendment of Ark. Code Ann. § [____]].

11. The Order rested on [state the prior legal premise]. Under the now-controlling authority, [explain how the change requires a different result]. The Court should reconsider and revise the Order accordingly.

B. Newly Available Evidence

12. After entry of the Order, Movant discovered the following evidence that was not available, and could not with reasonable diligence have been discovered, before the Order: [describe and attach as Exhibit [__]].

13. This evidence is material because [explain how it bears on the issue the Order decided and would change the result]. Movant exercised reasonable diligence by [describe efforts].

C. Clear Error / Miscarriage of Justice

14. The Order reflects [an error/mistake] in that [identify the specific error — e.g., "the Court applied the standard for [X] when the governing standard is [Y]"; "the Order overlooked [fact/argument] of record at [citation]"].

15. Allowing the Order to stand would result in the miscarriage of justice because [explain the concrete prejudice]. Correction is authorized under [Rule 54(b) (interlocutory) / Rule 60(a)] and conserves judicial resources.

V. RELIEF REQUESTED

16. WHEREFORE, Movant respectfully requests that this Court:

a. GRANT this Motion for Reconsideration;

b. MODIFY or VACATE the Order entered [__/__/____] and, upon reconsideration, enter [state the specific relief sought]; and

c. Grant such other and further relief as the Court deems just and proper.

VI. NOTE ON TIMING AND APPELLATE DEADLINES

17. Ninety-day window for Rule 60(a). A motion to modify or vacate a judgment, order, or decree "to correct errors or mistakes or to prevent the miscarriage of justice" must be acted upon by the court within ninety (90) days of the order's filing with the clerk. Ark. R. Civ. P. 60(a). After ninety days, only the limited Rule 60(c) grounds remain available. Calendar these dates carefully.

18. Interlocutory orders. A non-final order may be revised "at any time before the entry of judgment." Ark. R. Civ. P. 54(b)(2). File promptly nonetheless to avoid prejudice.

19. Effect on appeal. A motion for reconsideration does not by itself extend the time to file a notice of appeal. Under Ark. R. App. P.–Civ. 4, only the post-trial motions enumerated in that rule (e.g., a timely Rule 59 motion) toll the appeal period; a motion for reconsideration of an interlocutory order does not create a right of immediate appeal. Confirm the appeal clock under Ark. R. App. P.–Civ. 4 before relying on this Motion to preserve appellate rights.

20. If the challenged decision is a final judgment and you seek a new trial or to alter/amend, consider Ark. R. Civ. P. 59 (which has its own deadline and tolls the appeal time) — see the separate template.

VII. PROPOSED ORDER

A proposed order is submitted contemporaneously herewith.

[PROPOSED] ORDER ON MOTION FOR RECONSIDERATION

Before the Court is Movant's Motion for Reconsideration of the [Order/Ruling] entered [__/__/____]. Having reviewed the Motion, any response, and the applicable law, and to [correct error / prevent the miscarriage of justice], the Court finds the Motion well taken and it is GRANTED. The [Order/Ruling] entered [__/__/____] is MODIFIED/VACATED as follows: [state ruling].

IT IS SO ORDERED this ____ day of __________, 20____.

_________________________________
Circuit Judge

VIII. SIGNATURE

Respectfully submitted this ____ day of __________, 20____.

_________________________________
[ATTORNEY NAME]
Attorney for [Movant]
Arkansas Bar No.: [________________]
[FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
Telephone: [____________]
Email: [____________]

IX. CERTIFICATE OF SERVICE

I hereby certify that on this ____ day of __________, 20____, a true and correct copy of the foregoing Motion for Reconsideration and proposed order was served upon all counsel of record (or upon the adverse party) in accordance with Ark. R. Civ. P. 5, by [the court's electronic filing system / U.S. Mail, first class postage prepaid / hand delivery] addressed to:

[OPPOSING COUNSEL / PARTY NAME]
[ADDRESS]
[EMAIL]

_________________________________
[ATTORNEY NAME]

Sources & References

• Ark. R. Civ. P. 60(a) — "Ninety-Day Limitation": "To correct errors or mistakes or to prevent the miscarriage of justice, the court may modify or vacate a judgment, order or decree on motion of the court or any party, with prior notice to all parties, within ninety days of its having been filed with the clerk." https://www.arcourts.gov/rules
• Ark. R. Civ. P. 60(c) — enumerated grounds for setting aside a judgment after ninety days.
• Ark. R. Civ. P. 54(b) — an order resolving fewer than all claims/parties is not final and "is subject to revision at any time before the entry of judgment."
• Ark. R. Civ. P. 5 — service of pleadings and other papers.
• Ark. R. Civ. P. 59 — motion for new trial / to alter or amend the judgment (separate post-trial mechanism that tolls the appeal time; separate template).
• Ark. R. App. P.–Civ. 4 — time for filing notice of appeal and the post-trial motions that toll it.