Motion for Reconsideration: Civil vs. Criminal Cases
MR in Criminal Cases
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MR in Civil Cases
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Either on motion of accused, or the court motu proprio with consent of the accused
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Must be upon motion of a party, can’t be motu proprio
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Grounds for MR:
– Errors of law
– Errors of fact
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Grounds for MR:
– Excessive damages
– Insufficient evidence
– Decision is contrary to law
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Filed any time before judgment of conviction becomes final
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Filed within the period for taking an appeal
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When granted, the original judgment is always set aside or vacated and a new judgment rendered
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There may be partial grant
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