Memorandum

To:	All Judges
From:	William L. Martin, III
Subject:	Motions for Reconsideration
Date:	November 5, 1998

Generally, motions for reconsideration should not be dismissed unless the MFR is filed untimely or the remittitur has gone out on the case. This is true even if the main appeal was dismissed.

The Court's Internal Operations Manual provides "Generally, untimely motions for reconsideration will be dismissed, however, the judge to whom the case is assigned may take into consideration the reason for the untimeliness, such things as problems with mail delivery". ( IOM XV K.3.)

The IOM does not cover the situation when on reconsideration one judge votes to dismiss and two vote to deny the MFR . Ordinarily, under XV K.5., if there is a dissent on reconsideration the case goes to a seven judge court, if the court deems it appropriate, whole court.

However, if the decision to dismiss or deny is not unanimous, the judgment line still will not change. I believe that it is very rare that that situation may come up, but the Court may wish to consider the best way to handle that situation should it occur. The Court can either let the majority of the panel rule as to deny or dismiss or, the matter can circulate to the next panel plus one judge.

If you have any thoughts or suggestions on this matter, please let me know.

/ld