If a New Jersey court issued an order you believe is legally wrong, a Motion for Reconsideration lets you ask the same judge to correct it — without filing an appeal.
Quick Answer
A Motion for Reconsideration (governed by R. 4:49-2) asks the court that issued an order to reconsider and correct it. It must be filed within 20 days of the order being served. It is NOT an appeal — it stays before the same judge. To succeed, you must show the judge overlooked a controlling legal authority, misapplied the law, or that there was a palpably incorrect conclusion of fact.
A Motion for Reconsideration is a formal written request asking the judge who issued an order to take a second look. Unlike an appeal, which goes to the Appellate Division, reconsideration stays in the same court — often the same judge.
It is used when you believe the judge:
Overlooked or misunderstood a critical fact
Applied the wrong legal standard
Reached a conclusion that is clearly unsupported by the record
Reconsideration is not an opportunity to re-litigate your entire case or present new evidence that existed before the hearing. Courts take this distinction seriously and will deny motions that simply repeat prior arguments.
Rule: N.J. Court Rule R. 4:49-2
Deadline: 20 days from service of the order
FormaPauper's Document Wizard guides you through building the complete filing packet for a reconsideration motion:
Notice of Motion (the formal notice to the court and opposing party)
Certification in Support (your sworn statement of relevant facts)
Moving Brief (your legal argument — what the court got wrong and why)
Proposed Form of Order (what you want the judge to sign)
Certificate of Service (proof you served the other side)
You enter your facts in plain English. FormaPauper helps structure them into a court-appropriate format. You review, download, and file.
FormaPauper does not provide legal advice. We help you organize and prepare — attorney review is always recommended for complex matters.
Identify the specific error
Write down exactly what the judge decided, what law or fact you believe is wrong, and what the correct outcome should be. Be specific — vague objections will fail.
Confirm your deadline
You have 20 days from service of the order under R. 4:49-2. Count carefully — missing this deadline can cost you the right to file.
Gather your support
Collect the transcript, exhibits, prior certifications, and any legal authority (statutes, case law, court rules) that support your argument.
Draft the four required documents
Notice of Motion, Certification in Support, Moving Brief, and Proposed Order. Every document needs the correct NJ caption with docket number and parties.
Serve the opposing party
Under R. 1:6-3, serve all parties at least 16 days before the return date if serving by mail. Keep your proof of service.
File with the court clerk
File the original packet with the clerk of the court that issued the order. Pay the motion filing fee ($30 in most counties) or simultaneously file a fee waiver application (CN-10806).
Await the return date
The court may decide on the papers alone or schedule oral argument. Check the court's local rules for your county.
Filing after the 20-day deadline — courts almost always reject late filings without extraordinary cause.
Treating reconsideration as a do-over — repeating arguments already made is grounds for denial.
Missing the Notice of Motion — you cannot just send a letter or brief; the formal Notice is required.
Failing to cite specific rule violations or legal errors — vague complaints ("the judge was unfair") are not sufficient.
Not serving the opposing party before filing — lack of service is a procedural defect that can get your motion rejected.
Using the wrong court — reconsideration goes to the same court that issued the order, not the Appellate Division.
Filing without a Proposed Order — courts expect you to submit the specific relief you want in order form.
Omitting the docket number or judge's name from the caption — always confirm this on the original order.
Under R. 4:49-2, you must file within 20 days of service of the order. If you miss this window, you generally need to file a separate motion to file out of time, and courts are not required to grant it.
Generally no. Reconsideration is limited to what was already before the court. If you have new evidence that was unavailable before the hearing, that is a different motion (e.g., a motion to reopen the record or vacate under R. 4:50-1).
A reconsideration motion stays in the same court, before the same judge, and must be filed within 20 days. An appeal goes to the Appellate Division and has a 45-day deadline. They address different things — reconsideration targets errors in the original decision; an appeal challenges whether the lower court applied the law correctly overall.
Most NJ counties charge a $30 motion filing fee. If you cannot afford this, you may file Form CN-10806 (Application to Proceed Without Payment of Fees) at the same time.
Not automatically. Under R. 1:6-2, you can request oral argument, but the judge has discretion to decide the motion on the papers alone. Judges often deny oral argument on reconsideration if the matter was already fully argued.
Yes. Reconsideration is available in Family Part matters under the same rule. However, for certain Family Court orders involving custody or support, there may be additional procedural considerations.
If denied, your next step is typically an appeal to the NJ Appellate Division. You have 45 days from the date of the denial order to file a Notice of Appeal under R. 2:4-1.
FormaPauper's Document Wizard helps you build a complete, properly formatted filing packet — step by step, in plain English.
Important: Not Legal Advice
FormaPauper is not a law firm and does not provide legal advice. The information on this page is provided for general educational purposes only and applies specifically to New Jersey courts. Nothing here creates an attorney-client relationship. Court procedures, fees, and rules change — always verify current requirements with your county courthouse or on njcourts.gov before filing. For complex matters, particularly those involving permanent consequences, we strongly recommend consulting a licensed New Jersey attorney. Many counties have free legal aid services available.