Motion Reconsideration After Deadline

Summary

In California, you can file a motion to reconsider within 10 days of notice of the order under California Civil Procedure Code Section 1008(a). Valid reasons for missing the deadline include serious illness, death in the family, natural disasters, or court errors. Court errors can involve misinterpretation of the law, improper procedures, or errors in jury instructions. Perjury can be a valid reason to file a motion to reconsider after the deadline. A Motion to Set Aside requires clear evidence of perjury and does not need reasonable diligence. Always consult a local attorney for personalized advice.

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California
In California:
- You can file a motion to reconsider within 10 days of notice of the order.
- This is governed by California Civil Procedure Code Section *(a).
- However, late filings are usually not accepted unless there's a valid reason.
Always consult with a local attorney for personalized advice.
What are some valid reasons for missing the deadline
In California, valid reasons for missing the deadline could include:
- Serious illness or hospitalization.
- Death in the family.
- Natural disaster.
- Court error.
Please consult with a local attorney for advice tailored to your situation.
What would be considered a court error
In California, a court error could include:
- Misinterpretation or misapplication of the law.
- Improper procedures were used.
- Evidence was improperly admitted or excluded.
- Errors in the judge's instructions to the jury.
Can I file a motion to reconsider a dvro after the 10 day deadline if perjury occurred
In California:
- Perjury can be considered as new evidence that was not available at the time of the original hearing.
- This could potentially be a valid reason to file a motion to reconsider after the *-day deadline.
- However, it's best to consult with a local attorney for advice tailored to your situation.
Would it be easier to file a set aside motion or a motion to reconsider if perjury is the main reason for the motion
In California, both motions require compelling reasons:
- A Motion to Reconsider needs new facts, circumstances, or law that could not have been known with "reasonable diligence" before.
- A Motion to Set Aside needs proof of perjury.
Consult a local attorney for the best course of action.
So a motion to set aside I just need the evidence? I don't need reasonable diligence as to why it wasn't mentioned before
In California, for a Motion to Set Aside:
- You primarily need clear and convincing evidence of perjury.
- Reasonable diligence is usually not required as in a Motion to Reconsider.
Always consult a local attorney for personalized advice.
My gfs mom filed a dvro. Her mom said she was afraid of me. I have evidence of my gf contacting me after asking if I'm okay. I would have to explain that if she asked about my well-being she woundnt be afraid of me. Does it have to be more clear than that
In California:
- Your evidence may help your case if it clearly contradicts the claims made in the DVRO.
- However, it's crucial to present this evidence correctly and compellingly.
- Consulting a local attorney can ensure you're making the strongest possible argument.