§ 16.4 Motion for Reconsideration

• Jurisdiction: Washington

§16.4 MOTION FOR RECONSIDERATION

This section discusses strategic and procedural considerations in filing a motion for reconsideration.

(1) Generally

A decision by the judges terminating review is subject to reconsideration on motion under RAP 12.4(a). The rule does not authorize reconsideration of an interlocutory decision or of a ruling by the commissioner or clerk.

(2) Relationship between motion for reconsideration and petition for review

A motion for reconsideration in the Court of Appeals is not necessary to seek further review in the Supreme Court, and a party need not raise an issue in a motion for reconsideration as a condition to filing a petition for review. RAP 12.4(a). However, if a timely motion for reconsideration is made, the time limit for filing a petition for review in the Supreme Court begins to run upon the denial of the timely motion for reconsideration by the Court of Appeals. RAP 13.4.

RAP 12.4(h) states: "Each party may file only one motion for reconsideration, unless the appellate court withdraws its opinion and files a subsequent opinion. Any party adversely affected by the subsequent opinion may file a motion for reconsideration."

(3) When to file a motion for reconsideration

The time for filing a motion for reconsideration is discussed in §16.4(5), below. This section discusses the circumstances under which a motion for reconsideration is advisable.

Sometimes opinions misstate the facts. This can happen because the record is unclear, because the judges have misunderstood the record, or because particular facts do not appear in the record at all. A motion for reconsideration can be useful in addressing all these problems. A motion for reconsideration properly points out such factual errors in the court's opinion with clear citations to the record before the court. In unusual circumstances, a motion for reconsideration can be made in conjunction with a motion to supplement the record under RAP 9.11 to address facts that are not in the record. See Chapter 9 of this deskbook.

Sometimes opinions suggest a different analysis of the issues or present new problems that the court may not have considered. A motion for reconsideration can be used to "try out" a different analysis before it is presented in the Supreme Court in a petition for review. A motion for reconsideration may also lay the groundwork for the next appeal by alerting the court to related issues affected by the opinion.

(4) Form and length...