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Legal Memorandum: Filing a Motion for Reconsideration

Issue: When must a request for reconsideration be made in order to be granted?

Area of Law: Litigation & Procedure
Keywords: Motion for reconsideration; Time for filing
Jurisdiction: Virgin Islands
Cited Cases: 312 F. Supp. 2d 731
Cited Statutes: Fed. R. Civ. P. 60(b); Local Rule 7.4
Date: 10/01/2007

Rule 60(b) expressly allows that such a motion is filed “within a reasonable time.”  Fed. R. Civ. P. 60(b).  It is within the court’s discretion to extend the Local Rule 7.4 limit for filing a motion for reconsideration when the movant seeks reconsideration of dismissal of fewer than all of his claims.  See Malpere v. Ruyter Bay Land Partners, LLC, No. Civ.2003-132 (D.V.I. June 9, 2005).  See also Bostic v. AT & T of the V.I., 312 F. Supp. 2d 731, 734 (D.V.I. 2004).

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