Motion for Reconsideration in Georgia
Learn about Georgia Reconsideration Motions and Deadlines
When a Georgia court issues an unfavorable ruling, you may wonder if you can ask the same judge to review and change their decision. A motion for reconsideration allows a party to request that a trial court address a legal error, a missed fact, or overlooked evidence.
This guide explains how a motion for reconsideration works in Georgia, the strict rules and deadlines involved, and the step-by-step process for filing one.
How Do Key Rules and Limits Apply to Reconsideration Motions in Georgia?
A motion for reconsideration asks the same court that issued a ruling to take another look at it. You are not going to a higher court. You are asking the same judge to change their own decision.
Georgia courts allow this motion in both civil and criminal cases. The goal is simple: show the judge something they got wrong. That might be a legal error, a missed fact, or new evidence that changes the picture.
Filing this motion does not guarantee a different result. But it gives the court a chance to fix a mistake before an appeal becomes necessary. In some cases, it can save time and money.
The motion should do more than repeat your original argument. You need to show the court why the ruling was wrong, not just that you disagree with it.
Not every ruling qualifies. Under Georgia Court of Appeals Rule 37, a reconsideration is granted only if the court missed a controlling fact, statute, or decision, or misapplied the law.
Key Rules and Limits for Reconsideration Motions in Georgia
What Courts Will and Won’t Review
Judges do not use reconsideration to retry the whole case. They look for specific, narrow issues:
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A legal rule was applied the wrong way
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A fact in the record that the court clearly missed
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New evidence that was not available before the ruling
Courts will not reweigh old arguments or give you a second shot just because you lost.
Reconsideration vs Direct Appeal — A Quick Comparison
These two options serve different purposes. Knowing which fits your situation matters.
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Motion for reconsideration: Filed in the same court, faster, lower cost, no new record needed
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Direct appeal: Filed in a higher court, longer timeline, broader scope of review
Filing a motion for reconsideration does not pause your appeal deadline in Georgia. You may need to file both at once to protect your rights.
When Reconsideration Makes Sense
Reconsideration works best when the error is clear and narrow — a missed precedent, a math error in damages, or a ruling on evidence the court misread. It is less useful when you simply disagree with the judge’s judgment call on facts.
The Motion for Reconsideration Process in Georgia, Step by Step
A motion for reconsideration does not automatically pause any deadlines for a direct appeal. Under Georgia appellate procedure, as outlined in OCGA § 5-6-38, the time to file a notice of appeal continues to run even while reconsideration is pending.
Track both deadlines simultaneously.
- Identify the ruling you want to challenge. The motion targets a specific order or judgment. You need to know the exact ruling, the date it was entered, and the legal grounds for disputing it.
- Check your deadline right away. Georgia courts expect a motion for reconsideration to be filed quickly — often within a few days of the order. Some courts have local rules with tighter windows. Do not wait. The clock starts when the order is signed.
- Draft the motion. The motion should explain what the court got wrong. It should cite the legal basis for the challenge — a factual error, a missed legal standard, or new evidence the court did not see. Keep it focused. Judges respond better to tight, clear arguments than to long ones.
4. File with the trial court. You file the motion in the same court that issued the order — not the Court of Appeals. Georgia trial courts handle reconsideration before any appeal is possible. Filing fees and formatting rules vary by county.
5. Serve the opposing party. You are required to give notice to the other side. Georgia courts require proper service. A filing without proper service can be dismissed outright.
6. Wait for the court’s response. The trial court may rule on the motion without a hearing. It may set a hearing date. It may also deny the motion without explanation. Most rulings come within a few weeks, but timing varies by court and judge.
7. Review the outcome. If the court grants the motion, it may modify, correct, or vacate the original order. If the court denies it, your next option is typically a formal appeal to a higher court — either the Georgia Court of Appeals or the Georgia Supreme Court, depending on the type of case.
A skilled appeals lawyer can help you track both deadlines and help you along the way.
When to Talk to a Georgia Attorney About Reconsideration
If a Georgia court ruling has gone against you, a motion for reconsideration in Georgia may still be an option worth exploring. Timing is critical — deadlines are short, and missing them can close the door on relief. Conklin Law offers honest, straightforward guidance on post-conviction and appellate matters throughout Georgia.
Reach out via our contact page to discuss your situation. We offer free initial consultations.
Frequently Asked Questions
1. Can I file a motion for reconsideration in Georgia after my case ends?
A motion for reconsideration in Georgia should be filed while the court still has jurisdiction over the case, typically before the final judgment is entered. Once the case closes, you may need a different post-conviction tool, such as a habeas corpus petition or a direct appeal.
2. Can the judge make my situation worse by granting reconsideration?
Yes — when a Georgia court grants reconsideration, it can revisit the ruling fully, which means the outcome could change in any direction. This is one reason it helps to have a lawyer review the motion before you file it.
3. Is there a filing fee for a motion for reconsideration in Georgia?
Filing fees vary by court and county, so contact the clerk’s office in your specific Georgia court to confirm costs.
4. What if the trial court denies my motion? What comes next?
A denial does not end your options. You may still be able to pursue a direct appeal or explore post-conviction relief, depending on your case and how much time has passed.
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