Change my mind: A motion to “clarify” one of the court’s orders is actually just a cute, roundabout way of asking for reconsideration.

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Maybe if the lawyers are using the term incorrectly, but you can ask for clarification without asking for reconsideration. Could be that the party wants the reasons for a particular decision actually clarified (ie more detail or in a way that is more clear) because they plan on bringing it up on appeal. Easier to say the D. Ct. abused its discretion or made a clearly erroneous finding if you can clearly explain to the appeals court what the grounds for the exercise of discretion/basis for the finding were. I’ve also seen a request for clarification when the order on a bench trial incorrectly stated the pre-judgment interest percentage.

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In some cases, you’re exactly right. But I’d say in some cases, judges (ESPECIALLY in oral rulings/opinions) can trip over their words, confuse terms, or gloss over something of importance. At the start of my clerkship, we had to handle a motion to clarify in a family law case because my judge explained how retirement accounts should be split, but not whether they should be split as they are NOW, or as they will be when the parties retire. (Something like that. This was a year ago lol.)

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