1 .Motion for Reconsideration 10 days for non final hearing 2. Motion for Reconsideration 30 days for final hearing (please check your local rules for specific times allowed) 3. Motion to Stay: Delays enforcement of the final order

1. Motion for Reconsideration (10 Days – Non-Final Order)

A Motion for Reconsideration of a non-final order must generally be filed within 10 days of the court’s ruling (or as soon as practicable).

• Purpose: To ask the judge to reexamine an interlocutory ruling (e.g., temporary custody, discovery orders) due to errors in fact, law, or new evidence.

• Legal Basis: Courts retain jurisdiction to revise non-final orders at any time before final judgment.

• Note: There is no absolute time limit under the rules, but local courts often enforce a de facto 10-day standard.

2. Motion for Reconsideration (30 Days – Final Judgment)

A Motion for Reconsideration of a final judgment must generally be filed within 30 days of the judgment being rendered.

• Purpose: Seeks to correct errors of law, clear mistakes, or overlooked evidence in a final order, such as a final judgment of dissolution, custody ruling, or equitable distribution.

• Timing: Must be filed before the court loses jurisdiction, usually within 30 days of the signed final judgment.

• Note: This does not toll the time for filing an appeal unless the motion qualifies as a timely authorized motion (e.g., Rule 1.530 motion).

⚖️ Check your local rules and administrative orders, as courts differ slightly on deadlines and acceptable grounds.

3. Motion to Stay (Delays Enforcement of Final Order)

A Motion to Stay asks the court to temporarily suspend the enforcement of a final order while post-judgment motions or appeals are pending.

• Purpose: Prevents irreversible consequences (e.g., custody transfer, asset distribution, eviction) before a higher court reviews the decision.

• May Require: Posting of a supersedeas bond or other financial security to protect the opposing party from harm during the delay.

• Filed With: The trial court (or appellate court if on appeal).

⚖️ Legal Disclaimer

This publication is provided strictly for educational and informational purposes. The author is not an attorney, and this guide does not constitute legal advice, legal representation, or the creation of an attorney-client relationship.