Do-over motions

The latest issue of Verdict (the ASCDC magazine, 2024 vol. 2) has an article by H&L's Rebecca Powell titled Trying to Get it Right: Motions for Reconsideration, New Trial, and Other Do-Overs. In addition to motions for reconsideration and new trial, the article discusses appellate petitions for rehearing 

The mechanisms and strategy points in all do-overs vary depending on the context, but there are common threads: • Be clear that a mistake was made, but be aware of your tone; no one likes hearing that they made an error. • Highlight why the mistake you are challenging matters, rather than harping on immaterial errors. • Don’t just repeat what you have already argued; reframe the issues to explain why the court should want to fix its mistake. • If you are giving the court information it has never heard before, be prepared to justify why it was not raised earlier. • Show through tone and attitude that you are not being casual about the court’s limited time and resources, but that your position deserves a second look.

Law360 has Biden's Imprint On The Judiciary In 6 Charts