Issue: In the Fourth Circuit, when should a motion for reconsideration be granted?
| Area of Law: | Litigation & Procedure |
| Keywords: | Motion for reconsideration; Granting |
| Jurisdiction: | Federal |
| Cited Cases: | 247 F.3d 114; 994 F.2d 1076; 248 F.3d 1133 |
| Cited Statutes: | Fed. R. Civ. P. 59(e) |
| Date: | 06/01/2001 |
Rule 59(e) of Federal Rules of Civil Procedure permits a party to make a Motion to Alter or Amend a Judgment within ten days after receiving entry of an order. Fed. R. Civ. P. 59(e). In interpreting Rule 59(e), the Fourth Circuit has recognized only three limited grounds for such a motion: (1) to accommodate an intervening change in controlling law; (2) to account for new evidence not available at trial; or (3) to correct a clear error of law or prevent manifest injustice. Bowman v. Beasley, 248 F.3d 1133, Nos. 00-7505, -7506, 2001 WL 427932 at *2 (4th Cir. Apr. 26, 2001) (Text in WESTLAW).
To prevail on a Motion for Reconsideration, where the issue is one of fact, however, defendant must show that it is necessary to alter the earlier judgment “to correct a clear error of law or prevent manifest injustice.” Id. Moreover, the Fourth Circuit has recognized that “mere disagreement” with a court’s ruling is not sufficient to support a Rule 59(e) motion. Hutchinson v. Staton, 994 F.2d 1076, 1082 (4th Cir. 1993).
On a Motion for Reconsideration, where the issue is one of fact, the question is whether it is necessary to alter the earlier judgment “to correct a clear error of law or prevent manifest injustice.” Bowman, 248 F.3d at *2. Again, mere disagreement with a court’s prior ruling is not sufficient basis for granting such a motion. Hutchinson, 994 F.2d at 1082.
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