Motion to Reopen vs. Reconsider: Uses, Deadlines, and Risks

A motion to reconsider asks the judge to fix a mistake using the record that already exists; a motion to reopen asks the judge to revisit a decision because something new has come to light. That is the whole distinction, and it drives everything else about a motion to reopen vs. a motion to reconsider: the federal rule that governs, the deadline you face, the materials you file, and whether your right to appeal survives. Pick the wrong one, or pick the right one too late, and you can lose both the motion and the appeal.

When a Motion to Reconsider Is the Right Tool

Use a motion to reconsider when your complaint is about the ruling itself, not the information the court had. You are telling the judge that the decision misapplied the law, overlooked evidence already in the record, or reached a result the facts don’t support. Federal courts handle this under Rule 59(e) of the Federal Rules of Civil Procedure, which allows a party to seek amendment of a judgment after entry.1Legal Information Institute. Federal Rules of Civil Procedure Rule 59 – New Trial; Altering or Amending a Judgment

Three grounds generally justify reconsideration: an intervening change in controlling law, newly available evidence that genuinely could not have been presented before judgment, or the need to correct a clear legal error that would otherwise produce manifest injustice. The clear-error ground does most of the work in practice. Disagreement with the outcome is not enough. You need to point to a specific mistake in reasoning, a statute the court misread, or evidence in the record the court demonstrably ignored.

The deadline is 28 days from entry of judgment, and it is absolute.1Legal Information Institute. Federal Rules of Civil Procedure Rule 59 – New Trial; Altering or Amending a Judgment Rule 6(b) specifically prohibits courts from extending time for Rule 59(e) motions.2Legal Information Institute. Federal Rules of Civil Procedure Rule 6 – Computing and Extending Time; Time for Motion Papers Day 29 is too late no matter how strong your argument.

When a Motion to Reopen Is the Right Tool

Use a motion to reopen when the problem is that the court never saw the full picture, or when something has changed since judgment. Rule 60(b) of the Federal Rules of Civil Procedure provides the framework and lists six grounds for relief from a final judgment.3Legal Information Institute. Federal Rules of Civil Procedure Rule 60 – Relief from a Judgment or Order The most commonly invoked grounds are:

  • Newly discovered evidence that, despite reasonable diligence, you could not have uncovered in time for the original proceedings. A previously unreachable witness, a concealed document, or test results that didn’t yet exist can qualify. You have to show you looked.
  • Fraud or misconduct by the opposing party, including both traditional fraud and what courts historically called extrinsic fraud.
  • Mistake or excusable neglect, where a genuine misunderstanding or unavoidable error contributed to the judgment.
  • A void judgment, meaning the court lacked jurisdiction over you or the subject matter, or the judgment violated due process so fundamentally that it was never legally valid.
  • The catch-all, “any other reason that justifies relief,” which courts interpret narrowly and reserve for truly extraordinary circumstances.

Timing turns on which ground you invoke. Motions based on newly discovered evidence, mistake, or fraud must be filed within one year of the judgment. Motions based on a void judgment or the catch-all must be filed within a “reasonable time,” which courts assess case by case.3Legal Information Institute. Federal Rules of Civil Procedure Rule 60 – Relief from a Judgment or Order Rule 6(b) prohibits courts from extending these deadlines too.2Legal Information Institute. Federal Rules of Civil Procedure Rule 6 – Computing and Extending Time; Time for Motion Papers

One carve-out matters: Rule 60(d) preserves the court’s authority to set aside a judgment for “fraud on the court” with no time limit at all. That doctrine is separate from the one-year fraud ground and applies when the fraud corrupted the judicial process itself, such as bribing a judge or systematically fabricating evidence.3Legal Information Institute. Federal Rules of Civil Procedure Rule 60 – Relief from a Judgment or Order

Choosing Between the Two

Ask one question: is the thing you want the court to consider already in the file?

If yes, you want reconsideration under Rule 59(e). You are arguing the judge mishandled what was before them. The 28-day deadline runs fast, so this is a decision you make within the first few weeks after judgment.

If no, you want to reopen under Rule 60(b). You are arguing the record was incomplete, or that fraud, a jurisdictional defect, or some other extraordinary problem taints the judgment. You have more time, but how much depends entirely on which ground applies.

There is one narrow overlap. Rule 59(e) also reaches newly available evidence that could not have been presented before judgment. If you discover such evidence within 28 days, filing under Rule 59(e) is usually the stronger move for a reason explained below: it protects your appeal.

Interim Orders Follow Different Rules

Everything above assumes a final judgment. Many orders issued during a case are not final — rulings on discovery disputes, motions to dismiss individual claims, evidentiary questions. Under Rule 54(b), a court may revise any order that does not resolve all claims for all parties, and the 28-day deadline that governs final-judgment reconsideration does not apply.

Judges still don’t revisit interim orders casually. The law-of-the-case doctrine holds that once a judge decides a legal issue, the same issue shouldn’t be relitigated without good reason, and the recognized reasons mirror the reconsideration standard: substantially different evidence, a change in the applicable law, or clear error producing manifest injustice. The timing is looser; the substantive bar is not.

How Each Motion Affects Your Appeal Deadline

This is where the choice between the two motions has consequences beyond the motion itself. Under Federal Rule of Appellate Procedure 4, a timely Rule 59 motion suspends the appeal deadline until the court rules, and the clock then starts fresh from the date of that ruling. The reset applies to all parties, not just the one who filed.4LII / Legal Information Institute. Federal Rules of Appellate Procedure Rule 4 – Appeal as of Right—When Taken

A Rule 60(b) motion can also toll the appeal deadline, but only if filed within the 28 days allowed for a Rule 59 motion. A Rule 60(b) motion filed months later does not reset anything; it stands on its own, and the window to appeal the original judgment may already be closed.4LII / Legal Information Institute. Federal Rules of Appellate Procedure Rule 4 – Appeal as of Right—When Taken

Two practical consequences follow. First, if you are considering both reconsideration and appeal, a timely Rule 59(e) motion buys you time without sacrificing the appeal. Second, if 28 days pass without a post-judgment motion, a later Rule 60(b) filing cannot resurrect an expired appeal deadline. And if your motion is denied, the denial itself is appealable: a Rule 59(e) denial lets you appeal both the denial and the underlying judgment, while a Rule 60(b) denial is reviewed only for abuse of discretion and does not reopen the merits of the original ruling.

What Goes in Each Filing

Both motions need the case name, case number, and date of the decision you are challenging. The supporting materials diverge from there because the two motions rest on different kinds of evidence.

For a motion to reconsider, the evidence is already in the court’s file, and your brief points to it. Identify the specific legal error or overlooked evidence. Cite the statutes, regulations, or prior decisions that show why the ruling was wrong. Reference the record directly: transcript pages, exhibit numbers, deposition testimony, so the judge can see what you believe was misapplied.

For a motion to reopen, the focus is on what is new. Attach the previously unavailable document. Include a sworn declaration from the witness who has come forward. Explain in writing why the evidence is genuinely new and why reasonable diligence would not have uncovered it sooner — courts are skeptical of this claim, so detail about the searches you conducted, the people you contacted, and the reasons the information was inaccessible will carry the motion or sink it.

Both motions typically include a proposed order and a proof of service showing that the opposing party received copies. Local rules may impose formatting requirements or page limits, so check the rules for your court before filing.

Risks of Filing a Weak Motion

Post-judgment motions are not free attempts. Under Rule 11, every motion you sign carries a certification that it is not being filed for an improper purpose and that the legal arguments are supported by existing law or a reasonable argument for changing it.5Legal Information Institute. Federal Rules of Civil Procedure Rule 11 – Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

If the court finds the motion frivolous or filed in bad faith, it can impose sanctions, including an order to pay the other side’s attorney’s fees for responding, monetary penalties, or non-monetary directives. The sanction must be proportionate to what is needed to deter the behavior, but a fees order against you is both expensive and damaging to your credibility in any future proceedings.5Legal Information Institute. Federal Rules of Civil Procedure Rule 11 – Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions Rule 11 does include a 21-day safe harbor: if the opposing side serves you with a sanctions motion, you have 21 days to withdraw the offending filing before they can present it to the court.

Immigration Proceedings Use the Same Words Differently

If your case is in removal proceedings before an immigration judge, “motion to reopen” and “motion to reconsider” carry statutory definitions that differ from the civil rules above. Treating them interchangeably with their civil counterparts is a serious mistake.

A motion to reconsider in immigration proceedings must identify errors of law or fact in the immigration judge’s prior decision, supported by legal authority. You get one, and it must be filed within 30 days of the final removal order.6Office of the Law Revision Counsel. 8 USC 1229a – Removal Proceedings

A motion to reopen must present new facts supported by affidavits or other evidence. You get one, and it must be filed within 90 days of the final removal order.6Office of the Law Revision Counsel. 8 USC 1229a – Removal Proceedings Several exceptions apply:

The one-motion limit and compressed deadlines make immigration motions high-stakes. A weak motion does not just fail; it uses up your single opportunity, and the removal order generally remains in effect while the motion is pending.