State Court Motion for Reconsideration (Civil) - Delaware

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

[MOVING PARTY]'S MOTION FOR REARGUMENT OF THE COURT'S [DATE] [OPINION / ORDER / DECISION] (Del. Super. Ct. Civ. R. 59(e))

MOTION

[MOVING PARTY NAME] ("Movant"), by and through undersigned counsel, hereby moves this Court pursuant to Superior Court Civil Rule 59(e) for reargument of the Court's [Opinion / Order / Decision] dated [__/__/____] [briefly describe — e.g., "granting Defendant's Motion to Dismiss Count II" or "denying Movant's Motion for Summary Judgment"] (the "Decision"). In support, Movant states:

1. Timeliness. This Motion is served and filed within five (5) days after the filing of the Court's Decision, as required by Superior Court Civil Rule 59(e). A copy of this Motion has been served upon the Court (chambers) as required.

2. Identification of the Decision. On [__/__/____], the Court issued the Decision, ruling that [describe the operative ruling]. The underlying matter was [the parties' cross-motions for summary judgment / Defendant's motion to dismiss / other].

3. Standard. A motion for reargument under Rule 59(e) is the appropriate means to ask the Court to reconsider a misapprehension of law or of the facts that would have changed the outcome had the Court been correctly and fully informed. Reargument will be granted only where the Court has overlooked a controlling decision or principle of law that would have controlling effect, or has misapprehended the law or the facts such that the outcome of the decision would be affected. A motion for reargument is not a vehicle to: (a) rehash arguments already considered; (b) present new arguments not raised in the original proceeding; or (c) introduce evidence not previously of record. Reargument involves only a reexamination of the facts in the record at the time of the decision and the law as applied to those facts.

4. Grounds. Movant submits that reargument is warranted on the following ground(s):

☐ A. Overlooked controlling law. The Court overlooked [identify the controlling decision or statute], which would have controlling effect and compels a different result because [reason].

☐ B. Misapprehension of fact in the record. The Court misapprehended [identify the specific fact of record], which, properly understood, changes the outcome because [reason].

☐ C. Intervening change in law. After the Decision issued, [identify the new controlling authority and its date], which directly governs the issue decided.

5. Relief requested. WHEREFORE, Movant respectfully requests that the Court GRANT this Motion for Reargument and, upon reargument, [vacate / modify] the Decision and enter the following relief: [specify].

Dated: [__/__/____]

[LAW FIRM NAME]

By: /s/ [COUNSEL NAME]
[COUNSEL NAME] (Bar No. [____])
[ADDRESS] | [PHONE] | [EMAIL]
Counsel for [MOVING PARTY]

INTERLOCUTORY RULINGS — INHERENT REVISORY AUTHORITY

To the extent the Decision is an interlocutory ruling that does not finally dispose of the action, the Court retains inherent authority to revise it at any time before the entry of a final judgment. Movant respectfully requests that the Court exercise that authority to [vacate / modify] the Decision for the reasons stated above, so as to avoid the need for an interlocutory appeal under Delaware Supreme Court Rule 42.

[PROPOSED] ORDER

AND NOW, this [__] day of [__________], 20[__], upon consideration of [MOVING PARTY]'s Motion for Reargument of the Court's [__/__/____] Decision, and any response thereto, IT IS HEREBY ORDERED that:

☐ The Motion for Reargument is GRANTED, and upon reargument the Decision of [__/__/____] is [vacated / modified] as follows: [specify].

☐ The Motion for Reargument is DENIED.

SO ORDERED:

_______________________________
J. [JUDGE NAME]

TIMING AND APPELLATE NOTES (Delaware)

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion for Reargument was served upon the following counsel of record via [File & ServeXpress / the Court's electronic filing system / hand delivery / email] in accordance with Superior Court Civil Rule 5, and that a copy was provided to chambers as required by Rule 59(e):

[OPPOSING COUNSEL NAME & ADDRESS]

/s/ [COUNSEL NAME]
[COUNSEL NAME] (Bar No. [____])
Counsel for [MOVING PARTY]

SOURCES & REFERENCES

• Del. Super. Ct. Civ. R. 59 (new trial; alter or amend judgment; reargument): Rules of Civil Procedure for the Superior Court of the State of Delaware, https://courts.delaware.gov/superior/
• Del. Super. Ct. Civ. R. 60(b) (relief from judgment or order): Superior Court Civil Rules.
• Del. Super. Ct. Civ. R. 5 (service): Superior Court Civil Rules.
• Del. Supr. Ct. R. 42 (interlocutory appeals): Rules of the Supreme Court of the State of Delaware.
• Delaware Trial Handbook § 29:4 (New Trial, Reargument, and Amendment of Judgment in Civil Cases): https://www.delawgroup.com/delaware-trial-handbook-%C2%A7-294-new-trial-reargument-and-amendment-of-judgment-in-civil-cases/