A Pennsylvania motion for reconsideration asks the same judge who issued an order to take another look and change it. The judge has to expressly grant reconsideration within 30 days of the order’s entry, and filing the motion does nothing to pause your 30-day deadline to appeal. That combination is why most of the work around these motions is really about timing.
The 30-Day Trap
Under Pennsylvania Rule of Appellate Procedure 903, a notice of appeal has to be filed within 30 days of the entry of the order you want to challenge.1Justia. Pennsylvania Code Title 210 – Rule 903 – Time for Appeal A motion for reconsideration does not extend, pause, or toll that clock.
Under Rule 1701, the trial court keeps the power to grant reconsideration only if it expressly does so within that same 30-day window.2Pennsylvania Code and Bulletin. Pennsylvania Code Title 210 – Rule 1701 – Effect of Appeal Generally The judge does not have to resolve the merits in those 30 days. The judge does have to enter an order that expressly grants reconsideration. Once that happens, the original order becomes interlocutory and the court can take its time issuing a new decision. If instead the judge simply sits on your motion, the 30 days run out and you lose both the motion and your right to appeal.
That is why many practitioners file a protective notice of appeal at the same time as the reconsideration motion, or shortly after. It preserves the appeal while giving the trial judge a chance to fix the order. If you have any real doubt the judge will act in time, file the notice of appeal.
There is a narrow escape hatch called an appeal nunc pro tunc, where the court treats a late notice of appeal as timely. The standard is demanding: extraordinary circumstances beyond your control, such as fraud by the opposing party, a breakdown in court operations, or non-negligent conduct. Miscounting the days does not qualify.
Grounds Courts Will Actually Consider
Pennsylvania does not have a single statewide rule listing accepted grounds for reconsideration in every case type. The recognized bases come from case law and local rules. Philadelphia’s Court of Common Pleas codifies the standard in its local rules.3Supreme Court of Pennsylvania. Philadelphia Court of Common Pleas Civil Rules Across the state, courts generally recognize three:
- A clear error of law. The judge misapplied a statute, ignored binding precedent, or used an incorrect legal standard. Point to the specific principle the court got wrong. Arguing that the judge should have weighed the facts differently is not this ground.
- New evidence that was previously unavailable. Not evidence you forgot to present or chose to hold back. It must be evidence you could not have discovered earlier with reasonable effort, and significant enough that it likely would have changed the outcome. A witness who surfaced after the hearing or a document the other side concealed can qualify.
- A change in controlling law. If the Pennsylvania Supreme Court or the U.S. Supreme Court issues a decision after your order that changes the governing principles, the trial judge may need to reconsider in light of it.
Courts are intentionally strict. A motion that just re-argues the same facts and theories from the original proceeding will be denied, and a motion that reads like a do-over rather than a targeted correction tends to hurt your credibility with the judge who still has your case.
Reconsideration, Appeal, and Post-Trial Motion Are Not Interchangeable
An appeal goes to a higher court, like the Superior Court or Commonwealth Court, and asks that court to review the trial judge’s decision. A motion for reconsideration stays with the same judge. As covered above, filing the motion does nothing to extend the 30-day appeal deadline.1Justia. Pennsylvania Code Title 210 – Rule 903 – Time for Appeal
Post-trial motions under Pennsylvania Rule of Civil Procedure 227.1 are a different tool entirely. They must be filed within ten days after a verdict or the filing of a judge’s decision in a non-jury trial, and they do toll the appeal period.4Legal Information Institute. Pennsylvania Code 231 Rule 227.1 – Post-Trial Relief If your case went to trial and a verdict was entered, you almost certainly need a post-trial motion under Rule 227.1, not a motion for reconsideration. Getting this wrong can cost you the right to appeal.
Shorter Deadlines in Some Cases
Certain matters run on faster clocks. In domestic relations cases governed by Pennsylvania Rule of Civil Procedure 1930.2, a motion for reconsideration has to be filed within 10 days of the entry of a final order, and if the court does not decide it within 10 days of filing, it is automatically deemed denied.
Rule 903 also shortens the appeal window itself for some categories. Appeals from orders changing venue in criminal cases, election law matters, and public debt authorization cases must be filed within ten days rather than thirty.1Justia. Pennsylvania Code Title 210 – Rule 903 – Time for Appeal When the appeal window shrinks, the reconsideration window shrinks with it.
The Order Keeps Running Against You
Filing does not automatically stop the other side from enforcing the order. If the order tells you to pay money, vacate property, or do anything else, those obligations stay in effect while the motion sits with the judge. If you need enforcement paused, you have to separately request a stay. The court may require a bond or other security before granting one, particularly with money judgments.
What to Put in the Motion
A motion for reconsideration is a formal filing and has to follow the format the court requires. At a minimum it needs a proper caption identifying the court, parties, and docket number,5Legal Information Institute. Pennsylvania Code 231 Rule 3.2 – Headings and Captions a clear identification of the order you want reconsidered (including the date it was entered), the legal argument connecting a recognized ground to the specific facts and law of your case, and a clear statement of the relief you are asking for. Attach a proposed order for the judge to sign. Given how tight the timeline is, anything that makes it easier for the court to act quickly helps you.
Keep it focused. Judges are looking for a specific, correctable problem. A motion that wanders through every perceived unfairness of the case reads as re-argument, not correction.
Filing, Service, and Local Rules
The motion is filed with the court that issued the order, usually the Prothonotary’s office for civil cases or the Clerk of Courts for criminal cases in the county where the case is pending. Many counties use the PACFile electronic filing system, and some require electronic filing for civil matters. Filing fees vary by county, so confirm the amount and accepted payment methods before you file.
After filing, serve a copy on every other party. If the opposing party has counsel, serve counsel; otherwise serve the party directly. Include a certificate of service stating who you served, when, and how.6Legal Information Institute. Pennsylvania Code 234 Rule 575 – Motions and Answers If the other side later claims they never got the motion, that certificate is your proof.
Local rules matter more than people expect. Pennsylvania’s Courts of Common Pleas operate across 60 judicial districts, and many add requirements or modify procedures for reconsideration motions. Philadelphia has specific local rules on how these motions are routed to judges and what they must contain.3Supreme Court of Pennsylvania. Philadelphia Court of Common Pleas Civil Rules Other counties may impose page limits, require a cover sheet, or set specific procedures for oral argument. Missing a local rule can get your motion rejected at the filing window or denied on procedural grounds before the judge reads a word of the substance.
What Happens After You File
The most common outcome is denial. The judge may deny the motion without a hearing, either because the grounds are insufficient or because the motion just re-argues points already considered. When it is denied, the original order remains in full effect, and if you want to challenge it further you have to file an appeal before the 30-day deadline expires.
If the judge finds merit, the court will enter an order expressly granting reconsideration. The original order then becomes non-final and the court has jurisdiction to modify or replace it. The judge might issue a revised order right away or schedule further briefing or argument first. Once a reconsidered order is entered, a new 30-day appeal period begins running from that new order.2Pennsylvania Code and Bulletin. Pennsylvania Code Title 210 – Rule 1701 – Effect of Appeal Generally
A third possibility is that the judge asks for more information before deciding whether to grant reconsideration, ordering a written response from the other side or setting a short hearing. Even then, the 30-day clock keeps ticking unless the judge has already entered an order expressly granting reconsideration.
Risks of Filing a Weak Motion
Courts have the authority to impose sanctions, including attorney fees, on parties who file frivolous motions. A baseless motion also damages your credibility with the judge who will keep handling the case.
The more practical risk is the false sense of security the motion can create. Every day spent on a motion the judge ignores is a day closer to losing your appeal rights entirely. If there is any chance the motion will not be granted in time, file a protective notice of appeal alongside it.