IN THE SUPREME COURT OF XXX
XXX
Plaintiff-Appellant,
v.
XXX
Defendant-Appellee.
APPEAL FROM THE XXX DISTRICT COURT
FOR STORY COUNTY
MOTION FOR RECONSIDERATION
Submitted by:
___________________________________
XXX
XXX
XXX
Plaintiff-Appellant in pro per
NOTICE OF MOTION FOR RECONSIDERATION
You are hereby notified that on the ____ day of ________________,
XXX, Appellant will bring on for hearing this Motion for Reconsideration
of the order denying Appellant’s Motion for Introduction of New Evidence.
The Motion will be based on this Notice of Motion, the attached Motion for
Reconsideration, as well as oral arguments presented during the hearing of
the motion.
Dated this ____ day of September, XXX.
Respectfully Submitted,
______________________________
XXX,
Plaintiff-Appellant in pro per
MOTION FOR RECONSIDERATION
NOW COMES XXX, Appellant, and files this Motion for
Reconsideration, and for cause would show this Honorable Court as
follows:
1. On September XXX, this Court entered an order denying
Appellant’s Motion for Introduction of New Evidence. Appellant
would like a reconsideration of the order and reversing of the part
denying introduction of new evidence.
2. Rule 179(b) of the Iowa Rules of Civil Procedure presently provides as
follows: “On motion joined with or filed within the time allowed for a
motion for new trial, the findings and conclusions may be enlarged or
amended and the judgment or decree modified accordingly or a
different judgment or decree substituted. But a party, on appeal, may
challenge the sufficiency of the evidence to sustain any finding
without having objected to it by such motion or otherwise.”
3. Appellant would like to introduce the new evidence as it was not
available during trial. Had the evidence been available at that time,
Appellant would have introduced it at the trial court.
4. Appellant will be greatly prejudiced if he is not able to introduce the
evidence as it helps to prove the case against Appellee. Further, this
Court has discretion to allow Appellant to enter the new evidence into
the docket.
5. There will be no prejudice to Appellee if this motion is granted.
6. This motion is timely pursuant to Rule 1.904(3) of the Iowa Rules of
Civil Procedure as it has been filed within 15 days after the order
denying Appellant’s motion for introduction of new evidence.
REASONS WHEREFORE, PREMISES CONSIDERED, Appellant
respectfully requests this Honorable Court to GRANT this Motion for
Reconsideration and reverse the part denying Appellant’s Motion for
Introduction of New Evidence.
Dated this ____ day of September, XXX
Respectfully Submitted,
______________________________
XXX,
Plaintiff-Appellant in pro per
VERIFICATION
I, XXX, being duly sworn depose and say that I am the
Plaintiff-Appellant in the above-entitled action, that I have read the
foregoing Motion for Reconsideration, and know the contents thereof. That
the same is true of my own knowledge except as to those matters and things
stated upon information and belief, and as to those things, I believe them to
be true.
_________________________________
(Sign in the presence of a Notary Public)
Sworn to and subscribed before me this ____ day of September, XXX
______________________________
Notary Public
________________________________________
(Printed name of Notary Public)
My Commission Expires: ____________________
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was
sent on the _____ day of September, XXX by regular U.S. mail, by
facsimile, or certified mail, return receipt requested, to the following parties
or attorneys of record:
Dated this ____ day of September, XXX.
Respectfully Submitted,
___________________________________
XXX,
Plaintiff-Appellant in pro per
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