When a trial court issues a final order, the ruling may feel definitive. However, under South Carolina law, parties have the right to challenge the court’s decision if there are legal errors, overlooked evidence, or grounds for a new trial. One way to do this is by filing a motion to reconsider.
A motion to reconsider is a critical legal process that allows parties to ask the trial judge or family court to review a ruling before pursuing an appeal. Unlike taking a case immediately to an appellate court, such a motion gives the trial court an opportunity to correct its own mistake, clarify the record, or consider new evidence that could not have been presented earlier with due diligence.
Because there is only a limited amount of time to act—typically thirty days—clients must act promptly to preserve their rights. Having a lawyer with experience in reconsideration motions can make the difference between a denied request and a successful outcome.
What Is a Motion to Reconsider?
In South Carolina civil procedure, a motion to reconsider is a formal request for the trial court to re-examine its ruling. Parties may file a motion when they believe the court’s decision was based on error, when crucial evidence was overlooked, or when new evidence has come to light.
Such a motion is often filed after a final order in family court cases involving custody, child support, or property division, but the principles apply to other civil cases as well. The trial judge has broad discretion, or what courts refer to as sound discretion, to decide whether to grant or deny the motion.
Filing this type of motion does not automatically result in a new trial, but it does preserve issues for appellate review if an appeal later becomes necessary.
Grounds for Reconsideration
Courts generally require valid grounds for granting a motion to reconsider. Common reasons include:
- A legal error or mistake in applying South Carolina law
- Overlooked evidence presented during trial
- The emergence of new evidence that could not have been discovered earlier with due diligence
- Misapplication of child support calculations or custody findings not supported by the evidence
- Clerical mistakes or unclear language in the final order
For example, if the court ruled in a way that contradicted witness testimony or misapplied a statute, the parties may file a motion asking the judge to reconsider the ruling. If the judge finds the arguments persuasive, the court may grant relief, modify the order, or even order a new trial.
Filing a Motion to Reconsider in Greenville
Filing a motion to reconsider is not simply about disagreement with the outcome—it requires specific legal arguments and documents that point to errors or new evidence. The process usually involves:
- Filing a motion within thirty days of the final order
- Identifying the grounds for reconsideration in clear legal arguments
- Attaching supporting documents or evidence, if applicable
- Attending a hearing where the trial judge hears arguments from both parties
- Waiting for the judge to issue a ruling, which may grant, deny, or modify the order
Clients should understand that this is a crucial stage of litigation. A denied motion does not necessarily end the case—it may create a path for an appeal to a higher court or even the South Carolina Supreme Court if the legal issue warrants further review.
Motions to Reconsider and the Appeals Process
Filing a motion to reconsider is often the beginning of the appeals process. If the trial court denies reconsideration, the party may file an appeal to the appellate court, requesting appellate review of the decision.
In some situations, the appellate court may remand the case for a new trial if errors are significant. In other cases, oral argument may be held to discuss the issues further. Whether the matter involves family court or civil trial litigation, preserving issues through reconsideration is an essential part of building a record for appeal.
Why Clients Should Work with an Experienced Lawyer
Because motions to reconsider require strict compliance with court procedures and deadlines, clients benefit from working with an attorney who understands both trial practice and appeals. An experienced lawyer can:
- Present strong arguments highlighting the error or mistake in the court’s decision
- Ensure all documents are filed correctly and within the critical time limits
- Protect the client’s rights by preserving issues for appellate review
- Provide guidance about whether pursuing reconsideration, a new trial, or an appeal is the best option
At Sarah Henry Law, we understand how to deal with these sensitive matters. We provide clients with counsel that emphasizes both professional skill and personalized attention, helping parties pursue the best outcome possible.
Take the Next Step with Sarah Henry Law
Learn more about Greenville Motion to Reconsider Lawyer. Call Sarah Henry Law at (864) 478-8324 to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward resolution and peace of mind.
Greenville Motion to Reconsider FAQs
What is the difference between a motion to reconsider and an appeal?
A motion to reconsider is filed in the trial court, asking the trial judge to review the court’s decision. An appeal moves the case to an appellate court or higher court for appellate review.
How long do I have to file a motion to reconsider in South Carolina?
Generally, you must file a motion within thirty days of the final order. Acting promptly during this critical time is essential to preserve your rights.
Can a motion to reconsider result in a new trial?
Yes. If the judge finds valid grounds, such as new evidence or legal error, the court may grant a new trial. However, not every motion leads to this outcome.
What happens if my motion is denied?
If the trial judge denies your motion, you may still have the right to appeal. The denied motion often preserves key issues for the appeals process.
Do I need a lawyer to file a motion to reconsider?
Yes. Because reconsideration involves detailed arguments, strict procedures, and legal authority, working with an attorney increases your chances of a successful outcome.
