Ask for reconsideration or revision in a family law or protection order case

If you want a judge to change an order or judgment in your family law or protection order case, you should talk to a lawyer right away about whether it’s a good idea to try to do so. Depending on whether a court commissioner or a judge made the order, you could file a Motion for Revision or a Motion for Reconsideration. In either situation, you’ll have a short deadline to file your Motion. 

Should I file a Motion for Revision or a Motion for Reconsideration?  

It depends on who made the order you want to change. 

A Motion for Revision asks a judge to change a court commissioner’s order. You can file this type of motion if you disagree with the commissioner’s decision, or you believe the court commissioner got the facts or law wrong. Here are some examples:

• You presented evidence, including drug tests and arrests, at a hearing showing the other parent has a current substance use problem. Based on the other parent’s drug abuse, you asked the commissioner to limit the other parent’s time with the children. But the commissioner didn’t do so.
• You are a domestic violence survivor. You asked for a protection order to last for at least a year. The commissioner gave you a Domestic Violence Protection Order that was shorter. This is an error because the law says that a domestic violence protection order must last for at least a year unless you ask for less time. (This law is at RCW 7.105.315.)

You can read the state law about the revision process at RCW 2.24.050. 

A Motion for Reconsideration asks a judge or commissioner to change their own order because something went substantially wrong at the hearing or trial that led to the order, or because you have newly discovered evidence that you couldn’t have been expected to find before the hearing or trial. Here are some examples of things going wrong at hearing or trial that could lead to this Motion: 

• The court didn’t follow its own procedures that usually keep things fair. This is called “irregularity in the proceeding”. For example, the judge ignored your request for an interpreter or a reasonable accommodation, or the judge allowed one side to present evidence, but not the other.
• The court’s decision was wrong on the law, or there was no evidence to support it. 

For the complete list of reasons why a judge would reconsider their decision or give you a new hearing or trial, you can read the court rule about this at Civil Court Rule (CR) 59.  

Talk with a lawyer about whether you should file one of these Motions. If the judge thinks your Motion is a waste of time, the judge could order you to pay the other side’s court costs. 

Are these motions the same as an appeal? 

No. Motions for revision or reconsideration aren’t the same as an appeal. An appeal asks a higher court to change a lower court’s decision. You generally can’t ask the court to look at new evidence or re-weigh the evidence in an appeal. The higher court must follow certain “standards of review”. This limits the changes a higher court can make.

What’s my deadline to file either of these motions?

You have 10 days from when the court made the order you want to change to file either a Motion for Revision or a Motion for Reconsideration. If the 10th day falls on a weekend or judicial holiday, your deadline is the next judicial day.

What if there’s no written order? The commissioner or judge just announced their ruling from the bench. 

You may have to draft an order yourself to present to the commissioner or judge for signature. The order you draft must say what the commissioner or judge ruled, not what you want. You’ll have a chance later in this process to draft a proposed order showing how you want them to rule.  

You should send the other party a copy of your draft proposed Order to make sure they agree it says what the commissioner or judge ruled at your hearing or trial. If the other party will sign off on it, you can probably present it to the commissioner or judge at an “ex parte” docket, if your county has one. Ask the Superior Court clerk how. Otherwise, you must schedule a “presentment” or “presentation” hearing where the commissioner or judge will sign the order. Your 10-day deadline starts from the day the order is signed and filed with the court clerk.