Legal News

What Rule of Civil Procedure Governs Motions for Reconsideration?

By Brian Harris

By Mandi L. Scott
Special to the Legal

The answer to the question posed in this article's headline is technically, none (except in domestic relations matters where Pa. R.C.P.1930.2 applies). In contrast to Pa. R.C.P. 227.1, which contains detailed information about the filing of post-trial motions, there is no rule of civil procedure that expressly governs the timing, content, etc. of motions for reconsideration in general civil cases. 

The question of the timing of a motion for reconsideration often arises. While the 10-day deadline set forth in Rule 227.1 does not apply to motions for reconsideration, most such motions are filed within 10 days, either because of Rule 227.1 or because many other rules contain a 10-day deadline. However, one that is not filed within 10 days will not be deemed untimely, according to City of Philadelphia v. Carpino.

The most important thing to be aware of when filing a motion for reconsideration is that the filing does not automatically toll the appeal period, as seen in Moore v. Moore.

If a motion for reconsideration is filed, the only way to toll the deadline for filing the notice of appeal -- which is generally 30 days after the entry of the appealable order pursuant to Pa. R.A.P. 903 -- is to obtain an order expressly granting reconsideration pursuant to Pa. R.A.P. 1701(b)(3) from the trial court within the appeal period. See Scripture Union v. Deitch. This is not to say that the trial court needs to hear and determine the motion within 30 days from the date of the appealable order; it must only enter an order stating that it has agreed to consider it.

A timely order granting reconsideration renders any notice of appeal that was filed inoperative, and the trial court retains jurisdiction to decide the motion for reconsideration. The time for filing the notice of appeal begins to run after the entry of the decision on reconsideration. However, the appeal must be taken from the underlying substantive order, not the order disposing of the motion for reconsideration.

Unlike motions for post-trial relief, which are required following a trial by a judge or jury, motions for reconsideration are not required in order to obtain a final decision on the merits. Another important and sometimes difficult question to answer, however, is whether the filing of a motion for reconsideration is sufficient or whether a motion for post-trial relief is required.  If the latter is required and only a motion for reconsideration is filed, in most cases all rights will be lost on appeal.

Next month, I will analyze Pa. R.C.P. 227.1 and when it applies. 

Mandi L. Scott is an associate with the Pittsburgh-based law firm of Goehring Rutter & Boehm, where she has been practicing since 2004. Currently, her practice focuses on appellate issues and municipal law. To contact her, e-mail mscott@grblaw.com.

Full post as published by The Legal Intelligencer Blog on March 24, 2011 (boomark / email).