Rule 35.1.Motion for Reconsideration
Part II. Pleadings and Motions · Last amended January 1, 2019 · Last verified September 4, 2026
Full Text of Rule 35.1
Rule History
Added Aug. 30, 2018, effective Jan. 1, 2019.
Plain-English Summary
Rule 35.1 is three short subsections, and each one removes something a party might expect.
No oral argument request
A motion for reconsideration must not request oral argument. That is a prohibition on the motion's contents, not merely a statement that argument is unlikely.
No response unless the court asks
Parties must not file a responsive or reply memorandum unless the court orders otherwise. The design is that the court reads the motion and, if it is not going anywhere, denies it without putting the other side to the expense of answering.
The rule then adds the safeguard that makes that workable: the court will not grant a motion for reconsideration without giving all other parties an opportunity to respond. So silence can cost a movant, but it can never cost the party who did not respond.
The appeal clock keeps running
Section (c) is the one that matters most in practice: a motion for reconsideration does not extend the time within which a notice of appeal must be filed. A party who waits for a ruling before deciding whether to appeal can lose the appeal. Rules 83 and 85 -- which address relief from a judgment -- are the separate route, and they carry their own timing.
Frequently Asked Questions
Can I ask for oral argument on a motion for reconsideration?
No. Rule 35.1(b) says a motion for reconsideration must not request oral argument.
Should I respond to the other party's motion for reconsideration?
Not unless the court orders it. Rule 35.1(b) says parties must not file a responsive or reply memorandum unless the court orders otherwise.
Can the court grant reconsideration without hearing from me?
No. Rule 35.1(b) says the court will not grant a motion for reconsideration without providing all other parties an opportunity to respond.
Does filing a motion for reconsideration give me more time to appeal?
No. Rule 35.1(c) states that a motion for reconsideration does not extend the time within which a notice of appeal must be filed.
What is the difference between reconsideration and relief from judgment?
Rule 35.1 addresses reconsideration of a court order or ruling and leaves the appeal deadline untouched. Relief from a judgment is governed separately by Rules 83 and 85, which carry their own grounds and timing.