Motion to Reconsider, Alter or Amend a Judgment in Kansas

What Is a Motion to Reconsider, Alter or Amend a Judgment?

Understanding the Purpose and Significance of a Motion to Reconsider, Alter or Amend a Judgment

“A motion to reconsider is treated as a motion to alter or amend a judgment brought under K.S.A. Supp. 60-259(f).” (See Reardon v. Saavedra (2022) 510 P.3d 16; Exploration Place, Inc. v. Midwest Drywall Co. (2004) 277 Kan. 898, 900, 89 P.3d 536.)

“The purpose of a motion to alter or amend judgment—and, likewise, a motion to reconsider—is to allow the district court to correct previous errors by reconsidering evidence that had been presented prior to the court's entry of judgment.” (See id.)

“The motion is not for the purpose of presenting new evidence that could have been presented to the court prior to the court's ruling.” (See id.)

Procedural Steps Involved in Filing a Motion to Reconsider, Alter or Amend a Judgment

A motion to reconsider, alter or amend judgment is governed under Kansas statutes, subsections 60-259 and 60-260.

“The court may, on motion, grant a new trial to all or any of the parties and on all or part of the issues for the following reasons:

Abuse of discretion by the court, misconduct by the jury or an opposing party, accident or surprise that ordinary prudence could not have guarded against, or because the party was not afforded a reasonable opportunity to present its evidence and be heard on the merits of the case;
erroneous rulings or instructions by the court;
the verdict, report or decision was given under the influence of passion or prejudice;
the verdict, report or decision is in whole or in part contrary to the evidence;
newly discovered evidence that is material for the moving party which it could not, with reasonable diligence, have discovered and produced at the trial; or
the verdict, report or decision was procured by corruption of the party obtaining it, and in this case, the new trial must be granted as a matter of right, and all costs incurred up to the time of granting the new trial must be charged to the party obtaining the verdict, report or decision.”

(See Kan. Stat. § 60-259(a)(1).)

“A motion for a new trial must be filed no later than 28 days after the entry of judgment. While a timely-filed motion is pending, the court may on motion and notice to the parties, permit the moving party to amend the motion for a new trial to state different or additional reasons.” (See Kan. Stat. § 60-259(b).)

“A motion to alter or amend a judgment must be filed no later than 28 days after the entry of judgment.” (See Kan. Stat. § 60-259(b)(f).)

Pursuant to subsection 60-260, “on motion and just terms, the court may relieve a party or its legal representative from a final judgment, order or proceeding for the following reasons…Mistake, inadvertence, surprise or excusable neglect…” (See Kan. Stat. § 60-260(b)(1).)

Discretion of the Court in Deciding a Motion to Reconsider, Alter or Amend a Judgment

“We apply the abuse of discretion standard in reviewing the district court's ruling on a motion to alter or amend a judgment.” (See Reardon v. Saavedra (2022) 510 P.3d 16; Akesogenx Corp. v. Zavala (2017) 55 Kan. App. 2d 22, 31, 407 P.3d 246.)

“A judicial action constitutes an abuse of discretion if it is arbitrary, fanciful, or unreasonable; or if it is based on an error of law or fact.” (See id.; Biglow v. Eidenberg (2018) 308 Kan. 873, 893, 424 P.3d 515.)

Legal Precedents and Case Law on a Motion to Reconsider, Alter or Amend a Judgment

It is well settled that “generally, motions to alter or amend the judgment seek to allow a trial court an opportunity to correct prior errors. Moreover, it is proper for a district court to deny a motion to alter or amend if the movant could have-with reasonable diligence- presented the argument or evidence before the entry of the final order." (See Goering v. Huestis, No. 124, at *10 (Kan. Ct. App. Apr. 29, 2022); Ross-Williams v. Bennett (2018) 55 Kan.App.2d 524, 564, 419 P.3d 608; AkesoGenX Corp. v. Zavala (2017) 55 Kan.App.2d 22, 37-38, 407 P.3d 246.)

As such, “it is not appropriate to revisit issues already addressed or advance arguments that could have been raised in prior briefing. Appropriate circumstances for a motion to reconsider are where the court has obviously misapprehended a party's position on the facts or the law, or the court has mistakenly decided issues outside of those the parties presented for determination. A party's failure to present its strongest case in the first instance does not entitle it to a second chance in the form of a motion to reconsider." (See State v. Vaughan (2019) 482 P.3d 595; Sithon Maritime Co. v. Holiday Mansion (1998) 177 F.R.D. 504, 505.)

Dockets for Motion to Reconsider, Alter or Amend a Judgment in Kansas

Sort By

Dwight C. Scott, SR vs. Janice M. Scott, et al

Filed

Apr 25, 2024

Status

Active

Court

District

County

Sedgwick County, KS

Case #