Motion to Reconsider, Alter or Amend a Judgment in Virginia

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

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

“Motions to reconsider are generally not favored." (See Everett v. Tawes (2019) 833 S.E.2d 876, 884; Hechler Chevrolet, Inc. v. General Motors Corp. (1985) 230 Va. 396, 403, 337 S.E.2d 744.)

“A motion to reconsider that seeks to vacate an interlocutory order is not to be exercised arbitrarily." (See id.)

"Usually, such motions are based upon error apparent on the face of the record, or for the purpose of introducing after-discovered evidence." (See id.)

“As to the former basis, the circuit court not only has the power, but it is its duty, to correct such apparent error.” (See id.)

Filing a Motion Reconsider, Alter or Amend a Judgment

“Indeed, a motion for reconsideration or to modify a judgment can be filed up to 21 days after judgment.” (See Haring v. The Bank of N.Y. Mellon, No. 0778-22-4, at *8 n.6 (Va. Ct. App. May 23, 2023; Va. R. Sup. Ct. 1:1(a).)

“This Rule, however, was not intended to limit, and in fact could not limit, the trial court's statutory authority to correct clerical errors in the judgment or errors therein arising from oversight or from an inadvertent omission. . . at any time . . ." (See Code Sec. 8.01-428(B); Dorn v. Dorn (1981) 222 Va. 288, 291.)

“Subject to limited exceptions, [a]t the expiration of that 21-day period, the trial court loses jurisdiction to disturb a final judgment, order, or decree.” (See Green v. Commonwealth, Record No. 1640-19-2, at *3 (Va. Ct. App. Dec. 22, 2020).)

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

"Motions to . . . reconsider a prior ruling involve matters wholly in the discretion of the trial court." (See Race v. Commonwealth, No. 0691-22-4, at *4 (Va. Ct. App. Dec. 29, 2022); Thomas v. Commonwealth (2013) 62 Va.App. 104, 109.)

"This standard requires the Court to show enough deference to a primary decision maker's judgment that the [reviewing] court does not reverse merely because it would have come to a different result in the first instance.” (See id; Commonwealth v. Davis (2021) 73 Va.App. 711, 717.)

“A trial court by definition abuses its discretion when it makes an error of law.” (See Griffin v. Griffin, Record No. 1791-11-4, at *5 (Va. Ct. App. May 29, 2012); Shooltz v. Shooltz (1998) 27 Va. App. 264, 271, 498 S.E.2d 437, 441.)

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

It is well settled that "a motion to reconsider ordinarily asks a court to reconsider a holding because, in the opinion of the movant, the holding was erroneous." (See Page v. Portsmouth Redevelopment & Hous. Auth., No. 0175-22-1, at *8 n.5 (Va. Ct. App. June 20, 2023); Wal-Mart Stores E., LP v. State Corp. Comm'n (2020) 299 Va. 57, 76.)

As such, it is also well settled that “a motion to reconsider may not request [the circuit court] to consider for the first time something the movant had never before specifically sought." (See id.)

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

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CL24007601-00

Filed

Jul 24, 2024

Status

Other

Court

Norfolk city

County

Norfolk City, VA

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