State Court Motion for Reconsideration (Civil)

DISTRICT COURT, [___] COUNTY, COLORADO

Court Address: [STREET, CITY, STATE, ZIP]

[MOVING PARTY]'S MOTION FOR RECONSIDERATION OF THE COURT'S [DATE] ORDER [DESCRIBING ORDER]

CERTIFICATE OF CONFERRAL (C.R.C.P. 121 § 1-15(8))

Pursuant to C.R.C.P. 121 § 1-15(8), undersigned counsel conferred with [opposing counsel / the self-represented party] on [__/__/____] regarding the relief requested in this Motion. Opposing counsel [does / does not] oppose the relief requested.

I. INTRODUCTION AND RELIEF REQUESTED

[MOVING PARTY NAME] ("Movant") respectfully moves the Court to reconsider its interlocutory Order entered [__/__/____] [briefly describe the order — e.g., "denying Movant's Motion to Compel" or "granting Defendant's Motion in Limine No. 2"] (the "Order"). Because the Order adjudicates fewer than all claims and the rights and liabilities of fewer than all parties, it remains subject to revision by this Court at any time before the entry of a final judgment. C.R.C.P. 54(b). Reconsideration is warranted because [one-sentence summary of the ground].

II. IDENTIFICATION OF THE INTERLOCUTORY ORDER

1. On [__/__/____], [Movant / the opposing party] filed [describe the underlying motion].
2. On [__/__/____], the Court entered the Order, ruling that [describe the operative ruling].
3. The Order is interlocutory: it does not adjudicate all claims as to all parties, and the Court has not directed entry of a final judgment under C.R.C.P. 54(b). Accordingly, the Order is not yet final and remains within the Court's revisory authority.

III. LEGAL STANDARD

A district court may revise any order or other decision "that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties … at any time before the entry of a [final] judgment." C.R.C.P. 54(b). An interlocutory ruling becomes the law of the case, and a court may depart from its prior interlocutory ruling under the same conditions that justify departing from the law of the case: (1) new or substantially different evidence presented as the litigation develops; (2) a change in the applicable law; or (3) clear error resulting in manifest injustice.

This standard is more flexible than the post-judgment standards of C.R.C.P. 59 and 60(b), because the Order is not final; but it is not unlimited. A motion that merely reargues matters already decided, without new evidence, a change in law, or clear error working manifest injustice, should be denied.

IV. ARGUMENT

A. ☐ Change in Applicable Law

[Identify the new or intervening statute or appellate decision, with its date, and show that it controls the issue the Court decided and compels a different result.] Because [cite authority] now governs, the Court should revise the Order under C.R.C.P. 54(b).

B. ☐ New or Substantially Different Evidence

[Identify the new or substantially different evidence developed since the Order, supported by the attached affidavit/exhibits. Explain why it was not available or presented earlier.] This evidence materially alters the factual premises on which the Order rested and justifies departure from the law of the case.

C. ☐ Clear Error Resulting in Manifest Injustice

[Identify the specific error — e.g., an overlooked controlling authority, a misapprehended fact in the record, or a legal standard misapplied.] Allowing the Order to stand would result in manifest injustice because [reason]. The Court should correct the error now, while it retains revisory authority, to avoid prejudice and the need for appellate correction.

V. CONCLUSION AND REQUEST FOR RELIEF

For the foregoing reasons, Movant respectfully requests that the Court:

a. GRANT this Motion and reconsider its [__/__/____] Order;
b. Vacate or modify the Order and enter a new order [specify the relief sought]; and
c. Grant such further relief as the Court deems just and proper.

VI. REQUEST FOR ORAL ARGUMENT (Optional — C.R.C.P. 121 § 1-15(4))

Pursuant to C.R.C.P. 121 § 1-15(4), Movant requests oral argument because the issues presented would benefit from oral presentation. Estimated time requested: [minutes].

VII. CERTIFICATE OF COMPLIANCE (C.R.C.P. 121 § 1-15(1))

I hereby certify that this Motion complies with the applicable page/word limitation set forth in C.R.C.P. 121 § 1-15(1) and that, pursuant to C.R.C.P. 121 § 1-15(8), the conferral requirement has been satisfied (or is excused because [reason]).

SUPPORTING AFFIDAVIT (If relying on facts outside the record)

STATE OF COLORADO )
) ss.
COUNTY OF [___] )

I, [AFFIANT NAME], being first duly sworn, depose and state:

1. I am [title/relationship] and have personal knowledge of the facts stated herein.
2. [State each new or different fact, with specificity.]
3. [Explain why this evidence was not available or presented at the time of the original ruling.]
4. Attached as Exhibit [A] is a true and correct copy of [document].

_______________________________
[AFFIANT NAME]

Subscribed and sworn to before me this [__] day of [__________], 20[__].

_______________________________
Notary Public — My commission expires: __________

[PROPOSED] ORDER

THIS MATTER comes before the Court on [MOVING PARTY]'s Motion for Reconsideration of the Court's [__/__/____] Order. The Court, having reviewed the Motion, any response and reply, and being fully advised:

IT IS ORDERED that the Motion is GRANTED. The Court's Order of [__/__/____] is [vacated / modified] as follows: [specify].

[OR] IT IS ORDERED that the Motion is DENIED.

BY THE COURT:

_______________________________
District Court Judge
Dated: [__/__/____]

TIMING AND APPELLATE NOTES (Colorado)

Caution: Filing a "motion for reconsideration" after a final judgment does not toll the appeal deadline and may be disregarded; post-judgment relief must be sought under C.R.C.P. 59 or 60(b). Confirm whether the challenged order is interlocutory before relying on this template.

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion for Reconsideration was filed and served via the Colorado Courts E-Filing System (or [other method]) on all counsel and self-represented parties of record:

[OPPOSING COUNSEL NAME AND ADDRESS / EMAIL]

/s/ [ATTORNEY NAME]
[ATTORNEY NAME], #[________]
[LAW FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Attorney for [MOVING PARTY]

SOURCES & REFERENCES

• C.R.C.P. 54(b) (interlocutory orders; revision before final judgment): see Colorado Rules of Civil Procedure, https://www.courts.state.co.us/Courts/Supreme_Court/Rule_Changes.cfm
• C.R.C.P. 59 (motions for post-trial relief): Colorado Rules of Civil Procedure.
• C.R.C.P. 60(b) (relief from judgment or order): Colorado Rules of Civil Procedure.
• C.R.C.P. 121 § 1-15 (motions practice; conferral; page limits; oral argument): Colorado Rules of Civil Procedure.
• C.A.R. 1, 4(a) (finality; 49-day appeal deadline): Colorado Appellate Rules.
• "Reconsideration of Interlocutory Orders" (law-of-the-case standard discussion): https://www.maynardnexsen.com/publication-Reconsideration-of-Interlocutory-Orders