A motion for reconsideration must be filed within 15 days from receipt of the judgment or order — the same period allowed for an ordinary appeal — and it must point out specifically which findings are unsupported by the evidence or which conclusions are contrary to law. A motion that merely repeats earlier arguments is treated as pro forma and will not stop the judgment from becoming final.
A motion for reconsideration (MR) is the fastest and cheapest way to ask the same trial court to correct itself before you spend money on an appeal. Filed correctly and on time, it can fix an error without ever leaving the courtroom where your case started. Filed carelessly, it can cost you the appeal altogether — because a defective or repetitive motion does not stop the clock from running.
What a Motion for Reconsideration Actually Does
An MR asks the same judge who issued the judgment or final order to take a second look at it, without presenting new evidence or holding a new trial. It is governed by Rule 37 of the Rules of Court, which groups it together with the motion for new trial under a single set of deadlines and requirements. The two remedies are related but not identical: a motion for new trial is used when there was fraud, accident, mistake, or excusable negligence (FAME) that impaired a party’s rights, or when newly discovered evidence surfaces that could change the outcome. A motion for reconsideration, by contrast, does not introduce new evidence at all — it argues that the court got something wrong on the record already before it: that the damages awarded are excessive, that the evidence on record does not support the decision, or that the decision is contrary to law.
The Deadline: 15 Days, and It Rarely Moves
Under Section 1 of Rule 37, the motion must be filed “within the period for taking an appeal,” which, for an ordinary civil action decided by a trial court, is fifteen (15) calendar days from receipt of the judgment or final order under Rule 41. If your case falls under one of the narrower categories where the law requires a record on appeal (some special proceedings and cases with multiple appeals), that period is thirty (30) days instead. Either way, the MR deadline mirrors whatever your appeal deadline would have been.
This period is treated strictly. Courts generally do not grant extensions of time to file a motion for reconsideration or new trial in an ordinary civil case, so counting the days correctly from the date of actual receipt of the order — not the date it was mailed, and not the date you happened to read it — matters more than almost anything else in the process. Miss it, and the judgment becomes final and executory even if your arguments were sound.
Grounds You Can Actually Raise
Grounds for a motion for new trial
- Fraud, accident, mistake, or excusable negligence (FAME) that ordinary prudence could not have guarded against, and which probably impaired your rights.
- Newly discovered evidence that you could not, with reasonable diligence, have discovered and produced at trial, and which would probably change the outcome if admitted.
Grounds for a motion for reconsideration
- The damages awarded are excessive.
- The evidence on record is insufficient to justify the decision or final order.
- The decision or final order is contrary to law.
These grounds are not a second bite at the whole case — you are not asking the court to reweigh sympathetic facts, you are pointing to a specific, identifiable defect in the ruling itself.
Step-by-Step: How to File
- Step 1 — Count your deadline from the date of actual receipt. Check the registry return card, sheriff’s return, or electronic notice for the exact date the judgment or order was received by counsel of record (not by the party personally, if represented).
- Step 2 — Identify the specific ground. Decide whether you are moving for a new trial, for reconsideration, or both, and match your arguments to the ground you invoke.
- Step 3 — Draft the motion pointing to specific findings. Under Section 2 of Rule 37, a motion for reconsideration must “point out specifically the findings or conclusions of the judgment or final order which are not supported by the evidence or which are contrary to law, making express reference to the testimonial or documentary evidence or to the provisions of law alleged to be contrary to such findings or conclusions.” A vague motion that just repeats the arguments from your earlier pleadings, without this specificity, risks being declared pro forma.
- Step 4 — Attach affidavits where required. If you are moving for new trial on the ground of FAME, you need affidavits of merit showing you have a good and substantial defense or cause of action. If the ground is newly discovered evidence, you need affidavits from the witnesses who will testify, or the newly discovered documents themselves, properly authenticated.
- Step 5 — Serve the adverse party as a litigious motion. A motion for reconsideration is treated as a litigious motion under the Rules, meaning it must be served on the opposing party, who is given five (5) calendar days from receipt to file an opposition.
- Step 6 — File with the same court that rendered the judgment. The MR goes to the same branch and judge, not to an appellate court — that is precisely what distinguishes it from an appeal.
- Step 7 — Wait for resolution or follow up if it stalls. Once the opposition is filed, or the period to file one lapses, the motion is deemed submitted for resolution.
The Pro Forma Trap
This is the single most consequential technical rule in the whole process: a pro forma motion for new trial or reconsideration does not toll, or stop, the running of the period to appeal. If your motion simply reargues points already raised and rejected, or fails to specifically identify the findings you are challenging as the Rules require, courts may treat it as pro forma. The legal consequence is severe — the appeal clock is treated as if it never stopped running from the original judgment, which can mean that by the time the court denies your defective motion, your right to appeal has already lapsed. This is why the specificity described in Step 3 above is not a stylistic preference; it is what keeps the motion from backfiring.
What Happens After You File
The trial court has a few options once your MR is submitted: it can grant the motion and set aside the judgment (ordering a new trial or amending the decision), it can partially grant it (adjusting only the damages or a specific finding), or it can deny it outright. If the court finds the damages excessive or a ruling partly unsupported, it may simply amend the judgment without ordering a full new trial.
You are only allowed one motion for reconsideration of a judgment or final order. The Rules do not permit a second motion for reconsideration attacking the same judgment, even on different grounds, so it is worth raising every viable argument in the single motion you file — anything left out is generally treated as waived for that remedy.
If the Motion Is Denied
If the trial court denies your motion, you still have recourse. Under the fresh period rule recognized by the Supreme Court — the doctrine associated with the Neypes ruling — a party who timely moved for reconsideration or new trial gets a fresh fifteen (15) days to file the notice of appeal, counted from receipt of the order denying that motion, rather than whatever was left of the original period. This is precisely why filing a valid, non-pro-forma motion for reconsideration matters even when denial seems likely: it effectively resets the appeal clock instead of merely pausing it.
Costs and Practical Notes
Filing a motion for reconsideration in an ordinary civil case generally does not require paying a new docket or filing fee the way an original complaint does, since it is not an initiatory pleading. Your actual costs are typically limited to lawyer’s fees for drafting and arguing the motion, photocopying and service costs, and, if a transcript of stenographic notes is needed to support arguments about the evidence, the cost of securing that transcript. Because resolution can take anywhere from a few weeks to a few months depending on the court’s docket, factor that delay into any settlement or business decisions that depend on the case’s outcome.
Common Mistakes to Avoid
- Counting the 15-day period from the date the lawyer’s office received the mail versus the date someone actually opened and read it — the rule looks at receipt, not review.
- Filing a motion that repeats trial memoranda almost verbatim without pointing to specific findings, risking a pro forma finding.
- Assuming a second motion for reconsideration is allowed if it raises a supposedly “new” argument — it generally is not, for the same judgment.
- Forgetting to attach affidavits of merit when the ground is FAME, which can get a motion for new trial denied on a technicality before its substance is even considered.
- Failing to serve the adverse party properly, which can delay resolution or give the other side grounds to contest the motion’s validity.
Frequently Asked Questions
Is there a filing fee for a motion for reconsideration in a civil case? No. Since it is not an initiatory pleading, a motion for reconsideration generally does not require paying a separate docket fee, though you still cover lawyer's fees, photocopying, and service costs.
Can I file a second motion for reconsideration if the first one is denied? No. The Rules allow only one motion for reconsideration of a judgment or final order; a second one attacking the same judgment is not permitted even on new grounds.
Does filing a motion for reconsideration stop my deadline to appeal? Yes, but only if the motion is not pro forma. A motion that merely repeats earlier arguments without specifically pointing out unsupported findings or legal errors may be treated as pro forma and will not toll the appeal period.
What if the court has not ruled on my motion after several months? The Rules direct courts to act on a motion for reconsideration promptly after it is submitted for resolution, but delays happen in practice. You can follow up with the branch clerk of court, and in cases of unusually long inaction, consult counsel about further remedies.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
Getting the deadline and the specificity requirement right is often what separates a motion that actually moves the needle from one that quietly forfeits the right to appeal.