Motion to reconsider district court
A "motion to reconsider" in federal district court is not expressly recognized by name in the Federal Rules of Civil Procedure; instead, such motions are construed under Rule 59(e) or Rule 60(b) depending on timing and substance. The governing rule determines the applicable standard, deadline, and scope of relief.
Governing Framework
No Independent Motion to Reconsider
Federal courts consistently hold that there is no standalone "motion for reconsideration" under the Federal Rules of Civil Procedure. A post-judgment motion styled as a motion to reconsider is analyzed under an existing rule based on when it is filed and what relief it seeks.[1]
“There is no ‘motion for reconsideration’ in the Federal Rules of Civil Procedure.”[1]
Rule 59(e): Motion to Alter or Amend Judgment
When It Applies
A motion filed within 28 days after entry of judgment (formerly 10 days) that seeks substantive reconsideration is treated as a Rule 59(e) motion.[1]
Legal Standard
Relief under Rule 59(e) is considered an extraordinary remedy and is granted only in limited circumstances:
- Manifest error of law or fact
- Newly discovered or previously unavailable evidence
- Intervening change in controlling law
- Need to prevent manifest injustice[1][3]
Courts emphasize that Rule 59(e) is not a vehicle for rearguing matters already decided or presenting arguments that could have been raised earlier.[3]
Motions under Rule 59(e) are “disfavored” and reserved for “extraordinary circumstances.”[3]
Effect on Appeal
A timely Rule 59(e) motion tolls the time to file a notice of appeal.
Rule 60(b): Relief from a Final Judgment or Order
When It Applies
If the motion is filed after the Rule 59(e) deadline, or seeks relief based on specific enumerated grounds, it is governed by Rule 60(b).[1]
Grounds for Relief
Rule 60(b) permits relief from a final judgment for:
- Mistake, inadvertence, surprise, or excusable neglect
- Newly discovered evidence
- Fraud, misrepresentation, or misconduct
- Void judgment
- Satisfaction or inequitable prospective application
- Any other reason justifying relief
The movant bears a heavy burden, and the decision lies within the district court’s discretion.[1]
Timing
- Grounds (1)–(3): within one year
- All grounds: within a reasonable time
A Rule 60(b) motion does not suspend the finality of the judgment or toll appellate deadlines.
Interlocutory Orders
If the order is interlocutory (not final), the district court retains inherent authority to reconsider it at any time before final judgment. Courts often apply standards similar to Rule 59(e) as a matter of discretion.[4]
Criminal Cases
Although the Federal Rules of Criminal Procedure do not expressly authorize motions to reconsider, federal courts—including the courts of appeals—recognize them as permissible. Courts generally borrow the civil standards under Rules 59(e) and 60(b) when evaluating such motions.[4]
Practical Summary
| Situation | Governing Rule | Key Standard |
|---|---|---|
| Filed ≤ 28 days after judgment | Rule 59(e) | Manifest error, new evidence, change in law, or manifest injustice |
| Filed after 28 days | Rule 60(b) | Specific enumerated grounds; extraordinary relief |
| Interlocutory order | Inherent authority | Discretionary; civil standards often applied |
| Criminal case | Inherent authority | Civil reconsideration standards applied |
In all contexts, motions to reconsider are disfavored and granted sparingly, with courts requiring a clear justification grounded in law or fact.
Key Takeaway
A motion to reconsider a district court decision must be carefully framed under the correct procedural rule. Misclassification can result in denial, loss of appellate rights, or application of a more demanding legal standard.[1]