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Motion for Reconsideration: Civil vs. Criminal Cases

MR in Criminal Cases MR in Civil Cases
Either on motion of accused, or the court motu proprio with consent of the accused Must be upon motion of a party, can’t be motu proprio
Grounds for MR:
– Errors of law
– Errors of fact
Grounds for MR:
– Excessive damages
– Insufficient evidence
– Decision is contrary to law
Filed any time before judgment of conviction becomes final Filed within the period for taking an appeal
When granted, the original judgment is always set aside or vacated and a new judgment rendered There may be partial grant

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