Rule 125 Motion for Reconsideration and Other Relief From Judgment
Rule Text
(a) WHO MAY FILE. A motion for reconsideration may be filed by:
(1) any person who participated in the determination of the ruling, order, or judgment; or
(2) a person who received notice of an account or request for compensation and who filed an objection to that account or request for compensation within the time required by applicable rule or allowed by the court.
(b) GROUNDS FOR RECONSIDERATION. A motion may seek reconsideration of the ruling, order, or judgment only on the following grounds:
(1) the court failed to consider a material fact or law upon which such matter was based;
(2) newly discovered evidence that, with reasonable diligence, could not have been discovered;
(3) the court did not provide a basis or reason for its order;
(4) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by another person or entity interested in the proceeding;
(5) mistake, inadvertence, surprise, or excusable neglect;
(6) the order pertains to a matter or matters on which no other interested person or party filed an objection or otherwise contested the issues disposed of by the order; or
(7) any other reason that justifies relief.
(c) TIME FOR FILING.
(1) In General. Except as provided in Rule 125(c)(2), the motion must be filed no later than 28 days after entry of the ruling, order, or judgment and prior to the entry of the order approving the final account, except for an order disposing of an objection to a final account.
(2) Objection to Final Account in Decedent’s Estate. If the court disposes of an objection to a final account in a decedent’s estate through an order approving the final account or an order entered contemporaneously with the court’s approval of the account, a motion for reconsideration may be made no later than 20 days after the entry of the order approving the final account.
(3) Extending Time. Notwithstanding any other provision of the Superior Court rules, the court may not extend the time for filing a motion for reconsideration.
(e) STAY PENDING RECONSIDERATION. If a motion for reconsideration is filed in connection with a ruling pertaining to an objection to a final account, the court may suspend the actions or obligations of the fiduciary by granting a separate motion for a stay pending reconsideration until the motion for reconsideration is decided.
(f) HEARING. The court may rule on a motion for reconsideration with or without a hearing.
(g) CLERICAL MISTAKES. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a ruling, order, judgment or decree, or other part of the record. The court may do so on motion or on its own, with or without notice. But after an appeal has been docketed in the appellate court and while it is pending, such a mistake may be corrected only with the appellate court’s leave.
(h) OTHER POWERS TO GRANT RELIEF. This rule does not limit a court’s power to:
(1) entertain an independent action to relieve a party from a ruling, order, or judgment; or
(2) set aside a judgment for fraud on the court.
(i) RELATIONSHIP TO CIVIL RULES. If this rule applies, Civil Rules 59 and 60 do not apply.