This Week’s Blog by Sarah E. Murray, a Westport and Greenwich attorney at Broder Orland Murray & DeMattie LLC.
What is a Motion for Reargument?
Under Practice Book Rules 11-11 and 11-12, a party who has litigated a case (or aspect of a case), including a family law case, may file a Motion for Reargument. A Motion for Reargument may be filed after the issuance of a final decision in a family law case, but also may be filed following receipt of an order resulting from most contested proceedings during a family law case, such as a pendente lite order. “[T]he purpose of a reargument is…to demonstrate to the court that there is some decision or some principle of law which would have a controlling effect, and which has been overlooked, or that there has been a misapprehension of facts…It also may be used to address alleged inconsistencies in the trial court’s memorandum of decision as well as claims of law that the [movant] claimed were not addressed by the court.” Opoku v. Grant, 63 Conn. App. 686, 692 (2001). A Motion for Reargument must be filed within twenty days of the issuance of a decision or order, unless you obtain permission from the trial court for an extension of time within which to file.
Why File a Motion for Reargument After a Case Has Been Litigated?
As Opuku indicates, if, after receiving a decision in a Connecticut family law case, it appears that the trial court has overlooked controlling law, or misconstrued the factual evidence before the trial court, you and your lawyer may decide to file a Motion for Reargument. The Motion for Reargument can bring these claims before the trial court, allowing the trial court to reconsider its prior decision and possibly correct the errors you allege. Filing a Motion for Reargument is a way to bring these issues to a trial court such that an appeal of the trial court’s decision or order may be avoided.
Is a Motion for Reargument an Opportunity to Relitigate the Case?
No. A Motion for Reargument does not allow you to raise new claims to the trial court, nor does it allow you to present the same arguments to the trial court in an attempt to convince the judge to overrule his or her decision or order. A properly filed Motion for Reargument points out factual inaccuracies in the trial court’s decision or order and/or raises applicable law that the trial court ignored in the decision or order. The Motion for Reargument is not an opportunity to relitigate your case. If you or your counsel presented your best arguments during the litigation and the trial judge disagreed, a Motion for Reargument will not be an appropriate vehicle. In such a situation, you may be best served by simply filing an appeal if the decision is a final judgment for appeal purposes.
If a Motion for Reargument is Filed in My Connecticut Family Law Case, What Effect Does It Have?
If a Motion for Reargument is filed pursuant to Practice Book Section 11-11, it tolls the time period within which an appeal must be filed. Practice Book Section 11-11 applies to judgments that are final for appeal purposes. Practice Book Section 11-12, on the other hand, applies to judgments that are not final for appeal purposes. If your intention is to file a Motion for Reargument regarding a final judgment for appeal purposes so that the appeal period is tolled, it is critical that you title your Motion for Reargument an “11-11 Motion” and note that it is an 11-11 Motion on the bottom of the first page of the Motion before filing it with the Court. Otherwise, you could jeopardize your ability to appeal your case if you so choose. If you file a Motion for Reargument pursuant to Practice Book Section 11-11, the trial court judge could alter his or her decision if he or she grants the motion. Therefore, the appeal period is extended, as a party may decide that an appeal is not needed following the decision on the Motion for Reargument.
What Happens After a Motion for Reargument is Filed?
Once a Motion for Reargument is filed, the trial court judge who heard the case can either deny the Motion outright without a hearing, or grant the Motion for Reargument. The trial judge’s granting or denying of the Motion is typically done fairly quickly after filing. If the Motion for Reargument is granted, typically the trial court will then schedule a hearing date for reargument, at which time both parties can present their arguments as to why relief should or should not be granted. Following reargument, the trial court judge then will issue a decision on the Motion for Reargument, wherein the relief may or may not be granted. Sometimes, a trial court judge will grant the Motion for Reargument and hold a hearing, but ultimately will not change his or her decision or order following the reargument hearing. The trial judge has 120 days in order to make a decision following argument, but most judges will issue a decision much sooner than that. Once the trial court judge issues the decision regarding the Motion for Reargument, either side has twenty days following the date of reargument decision within which to file an appeal of the original decision or order, again, so long as the Motion for Reargument was framed as a Practice Book 11-11 Motion.
Broder and Orland LLC provides appellate representation, in addition to litigating family and divorce cases at the trial court level. If you are contemplating an appeal and/or have questions regarding whether a Motion for Reargument should be filed in your case following the issuance of a decision or order, contact Sarah E. Murray, Esq., Chair of the firm’s Center for Family Law Appeals.
