If a New York court issued an order you believe is legally wrong, a motion for reargument under CPLR 2221(d) lets you ask the same judge to correct it — without filing an appeal.
Quick Answer
A motion for reargument under CPLR 2221(d) asks the court that issued an order to reconsider because the court overlooked or misapprehended a relevant fact or misapplied or misstated the law. It must be made within 30 days of service of a copy of the order determining the motion with notice of entry. It is NOT an appeal and does NOT extend the time to appeal — the 30-day appeal deadline under CPLR 5513 runs from the original order, not from the reargument decision.
A motion for reargument is a formal written request asking the judge who issued an order to take a second look because the court overlooked or misapprehended something. Unlike an appeal, which goes to a higher court, reargument stays before the same judge.
Under CPLR 2221(d), a motion for reargument must:
Be based on matters of fact or law allegedly overlooked or misapprehended by the court
NOT include new facts not originally before the court
Be identified as a motion for reargument (not disguised as a new motion)
Be made within 30 days of service of a copy of the order with notice of entry
CRITICAL WARNING — Appeal time: A motion for reargument does NOT extend the time to appeal. Under CPLR 5513, the 30-day appeal deadline runs from service of the original order with notice of entry — not from the reargument decision. If you are considering both reargument and an appeal, you must file your notice of appeal within 30 days of the original order regardless of the reargument motion.
Rule: CPLR 2221(d)
Deadline: 30 days from service of order with notice of entry
Source: nysenate.gov, verified
FormaPauper's Document Wizard guides you through building the complete filing packet for a reargument motion:
Notice of Motion (the formal notice to the court and opposing party)
Attorney Affirmation or Affirmation in Support (your statement of relevant facts under CPLR 2106 — no notary required)
Memorandum of Law (your legal argument — what the court got wrong and why)
Proposed Order to Show Cause or Proposed Order (what you want the judge to sign)
Affidavit of Service (proof you served the other side)
You enter your facts in plain English. FormaPauper helps structure them into a court-appropriate format with proper NY captions. 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 what was overlooked or misapprehended
Write down exactly what the judge decided, what fact or law you believe was overlooked or misapprehended, and what the correct outcome should be. Be specific — vague objections will fail.
Confirm your 30-day deadline
Under CPLR 2221(d), you must file within 30 days of service of a copy of the order with notice of entry. Count carefully — missing this deadline means the court will likely reject your motion.
Do NOT include new facts
Reargument is limited to matters already before the court. If you have new facts that were not available, that may be a motion for renewal under CPLR 2221(e) — a different standard requiring a reasonable justification for the failure to present them originally.
Draft the motion documents
Notice of Motion, Affirmation in Support (CPLR 2106 — no notary needed), Memorandum of Law, and Proposed Order. Every document needs the correct NY caption with Index Number and parties.
Serve the opposing party
Serve all parties as required by CPLR 2103. Under CPLR 2214(b), a motion must be served at least 8 days before the return date. If served by mail, add 2 additional days per CPLR 2103(b)(2).
File with the court clerk
File the original packet with the clerk of the court that issued the order. If you cannot afford the filing fee, you may file a Poor Person Application (CPLR 1101) simultaneously.
Monitor your appeal deadline separately
If you are also considering an appeal, file your Notice of Appeal within 30 days of the original order under CPLR 5513. The reargument motion does NOT extend this deadline.
Missing the 30-day deadline — courts almost always reject late reargument motions.
Including new facts — CPLR 2221(d) is limited to matters already before the court. New facts require a motion for renewal under CPLR 2221(e).
Failing to identify the motion as one for reargument — the court must know what type of motion it is.
Believing reargument extends your appeal time — it does NOT. CPLR 5513 runs from the original order.
Repeating arguments already made without identifying what was overlooked or misapprehended — this is grounds for denial.
Not serving the opposing party with proper notice under CPLR 2214(b).
Using the wrong court — reargument 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.
Under CPLR 2221(d), a motion for reargument must be made within 30 days of service of a copy of the order determining the motion with notice of entry. If you miss this window, the court will generally reject your motion.
No. CPLR 2221(d) is limited to matters of fact or law allegedly overlooked or misapprehended by the court. New facts require a separate motion for renewal under CPLR 2221(e), which requires a reasonable justification for not presenting them originally.
No. This is critical. Under CPLR 5513, the 30-day appeal deadline runs from service of the original order with notice of entry. A motion for reargument does NOT extend this deadline. If you want to preserve your appeal rights, you must file a Notice of Appeal within 30 days of the original order regardless of the reargument motion.
Reargument (CPLR 2221(d)) is based on matters the court overlooked or misapprehended — no new facts. Renewal (CPLR 2221(e)) involves new facts not originally before the court, and requires a reasonable justification for the failure to present them initially. They are separate standards and can be combined in a single motion.
Reargument stays before the same judge who issued the order and must be filed within 30 days. An appeal goes to the Appellate Division and has a 30-day deadline from the original order under CPLR 5513. They address different things — reargument targets errors in the original decision; an appeal challenges whether the lower court applied the law correctly overall.
Under CPLR 2106, any person — including a party who is not an attorney — may serve and file an affirmation in place of an affidavit. No notary is required. The affirmation carries the same effect as a sworn affidavit.
If denied, your next step is typically an appeal to the Appellate Division. But remember: your appeal deadline runs from the original order, not from the reargument denial. If you have not already filed a Notice of Appeal, you may already be out of time.
Yes. Reargument is available in Family Court matters under CPLR 2221. However, certain Family Court orders may have additional procedural considerations. For matters involving custody or support, consult with a family law attorney if possible.
Motion filing fees vary by court type. If you cannot afford the fee, you may file a Poor Person Application under CPLR 1101 at the same time, which can waive filing fees for indigent litigants.
File with the clerk of the court that issued the original order. Under CPLR 2212(a), a motion on notice in an action in the supreme court must be noticed to be heard at a term held in the judicial district in which the action is triable.
FormaPauper's Document Wizard helps you build a complete, properly formatted NY 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 York courts. Nothing here creates an attorney-client relationship. Court procedures, fees, and rules change — always verify current requirements with your county courthouse or on nycourts.gov before filing. The legal authorities on this page have been verified against official sources (nysenate.gov / nycourts.gov) but have not been attorney-reviewed. For complex matters, particularly those involving permanent consequences, we strongly recommend consulting a licensed New York attorney. Free legal help is available through LawHelpNY.