If you went to court and were dissatisfied with the judge's ruling,
you may be wondering if there is any way to get the judge to reconsider
the ruling. With civil matters, CPLR 2221 addresses what are called "motions
to renew" and "motions to reargue." If the facts of the
case were known at the time the case was filed, it is unlikely that you
will be able to retry your case. On the other hand, if some facts of the
case were not known, you may have options under CPLR 2221.
A motion to reargue a point by the court can only be made based on matters
of fact or law, which were either presented by the parties but overlooked
or misapprehended by the court in its decision. One may use a motion to
renew to raise facts not offered in relation to the original motion providing
such facts would change the determination. Or, if a recent change in law
would affect the prior determination.
If one wishes to file a motion to renew to raise facts that were not previously
offered, then it will be necessary to show reasonable justification as
to why the facts were not offered to begin with.
When filing a motion to renew or reargue, or a combined motion, you must
identify the specific type of relief that you are seeking, whether it
is renewal, reargument, or both.
If you wish to file a motion pursuant to CPLR 2221, it must be made to
the same judge who signed the original order, unless the original judge
is unable to hear the motion. A motion can be made to another judge if
the order was made without notice; for instance, on an ex parte motion.
If you are interested in pursuing a motion pursuant to CPLR 2221, you should
contact a Nassau County divorce attorney from Jason M. Barbara & Associates,
P.C. for advice. We can discuss your situation and let you know if we
agree with your analysis. While it may be unlikely to change the judge's
opinion, you can explore your options with a lawyer who is familiar with
the New York court system.