Reconsideration and Appeals

In family court, it is a common practice to ask the judge or hearing master to reconsider the evidence, and to modify a prior order. Thus, people frequently file motions seeking to modify child custody and visitation arrangements, child support arrangements, or deadlines in the divorce case. A motion for reconsideration usually requires some evidence that the court overlooked when the original court order was issued, or some proof that one or both of the parties are experiencing a change in circumstances.

When a issue is presented to a court on a motion for reconsideration, it usually means that the same judge in the same courthouse is being asked to take another look at the issue and to modify his prior order. However, when an issue is presented as a part of an appeal it generally means the case is being referred to a higher court where another judge or panel of judges will be considering whether the lower court judge made an erroneous decision.

Each state has a different system for filing appeals. An appeal is generally initiated by the filing of a notice of appeal, the payment of a filing fee, and the submission of various documents. There are deadlines for filing an appeal, and it is often very difficult to have those deadlines extended. When an appeal is filed, the appellate court will require the person filing the appeal to submit a copy of the transcripts of the proceeding of the court below and eventually to file a brief in support of the appeal, along with an appendix of documents or records to support the legal arguments.

In some states, some of these steps are completed by a court clerk; in other states, the party filing the appeal or her lawyer are required to undertake all of these steps.