In most cases, once a court grants or denies a motion made in the course of a Buffalo personal injury lawsuit, that’s it. Under certain exceptional circumstances, however, the court may grant an injury victim the opportunity to either reargue or renew a prior motion.
A request for leave to reargue does not require that any new information be submitted to the court. Instead, it is based upon matters of fact or law allegedly overlooked or misapprehended by the court when determining the prior motion. By law, it cannot include any matters of fact not offered on the prior motion. This motion must be made within thirty days after service of a copy of the court’s order determining the prior motion and written notice of its entry.
A request for leave to renew is based upon new facts not offered on the prior motion that would change the prior determination – or demonstrate that there has been a change in the law that would change the prior determination. A key requirement of a request for leave to renew is that it must set forth reasonable justification for the failure to present such facts on the prior motion. If the injured party was aware of the information but simply chose not to submit it when filing the original motion, the court is not obligated to grant leave to renew the motion.
If you have suffered a personal injury and have any questions on this topic, please feel free to call us at 716-542-5444.
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