Requesting Reconsideration from the Probate and Family Court
Understanding Post-Judgment Relief Options
There are several available mechanisms to ask the Probate and Family Court to reconsider a decision. Massachusetts law provides multiple avenues for seeking relief from an unfavorable judgment or order, each with specific procedural requirements and timing constraints.
Motion to Amend Findings of Fact or Judgment
The most direct approach involves filing a motion to amend findings of fact or judgment under Massachusetts Rules of Domestic Relations Procedure Rule 52 and Rule 59(e). This motion essentially asks the court to reexamine the evidence and reconsider its decision. You must serve this motion no later than ten days after entry of judgment.
When filing such a motion, you are requesting that the court examine whether its findings align with the evidence presented at trial. The judge has discretion in deciding whether to grant the motion or to alter or amend it. Even if the motion is denied, it is appealable, providing another avenue for relief.
Motion for New Trial
Another option is filing a motion for a new trial under Rule 59, which must be served no later than ten days after entry of judgment. This motion can address any or all issues in the case when there are substantial grounds suggesting the original trial resulted in an unjust outcome.
The grounds for a new trial include situations where verdicts or findings are contrary to the weight of evidence, excessive or inadequate damages awards, newly discovered evidence, error by the presiding judge, misconduct of counsel affecting the judgment, or the death or disability of the judge who presided at trial.
Standing Order 2-99 Procedures
The Probate and Family Court operates under Amended Standing Order 2-99, which establishes specific procedures for certain post-judgment motions. This standing order applies to motions to amend findings of fact, motions to amend conclusions of law, motions to amend judgments, and motions for relief from judgment and order.
Under Standing Order 2-99, the moving party must serve the motion with a copy of the order or judgment at issue and a concise statement of the facts and law supporting why the motion should be granted. This statement cannot exceed five pages and must be signed under penalties of perjury.
Relief from Judgment Under Rule 60
Rule 60 provides additional mechanisms for seeking relief from a judgment or order. Rule 60(a) allows correction of clerical mistakes in a judgment or order at any time, either by the court’s initiative or upon motion by any party.
Rule 60(b) permits a party to seek relief from a judgment or order due to a clerical mistake, newly discovered evidence, fraud, and other reasons. However, this motion must be filed within a reasonable time. For a mistake, newly discovered evidence, or fraud, you must file within one year after the judgment was entered.
Court’s Authority to Act on Its Own Initiative
Under certain circumstances, the court also possesses the authority to reconsider its own decisions. No later than ten days after entry of judgment, the court may order a new trial on its own initiative for any reason for which it might have granted a new trial on motion of a party. The court may also grant a timely served motion for a new trial for a reason not stated in the motion, provided the parties receive notice and an opportunity to be heard.
Practical Considerations and Limitations
Many experienced family law practitioners view these reconsideration motions with skepticism, considering them potentially wasteful of time and client resources. The success rate for such motions is generally low, as judges are reluctant to reverse their own carefully considered decisions without compelling reasons.
However, these motions should be pursued when there is a clear error in the judgment, including mathematical mistakes, misapplication of law, or failure to consider required statutory factors. The motion provides an opportunity to correct genuine errors without the expense and delay of a full appeal.
Strategic Timing and Alternatives
Before filing any motion for reconsideration, you should carefully evaluate whether other alternatives might better serve your client’s interests. These alternatives include future modification actions if circumstances change, contempt proceedings if there are enforcement issues, equity actions for undisclosed assets, or settlement negotiations.
The decision to seek reconsideration should be based on substantial legal or factual grounds rather than mere dissatisfaction with the outcome. Courts expect specific articulation of overlooked facts or misapplied law, not general disagreement with the judge’s exercise of discretion.
Conclusion
The Probate and Family Court system provides several mechanisms for requesting reconsideration of decisions, each with distinct procedural requirements and strategic considerations. While these options stand as important safeguards against error, they should be employed judiciously and only when there are substantial grounds for believing the court overlooked significant facts or misapplied the law. Success requires careful preparation, adherence to strict timing requirements, and compelling legal arguments that demonstrate clear error.