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Do you know what a motion to renew is? Hi. Come on in. I’m Gerry Oginski, a New York
medical malpractice and personal injury trial attorney. And today’s video answers the
question what is a motion to renew? First, a motion is a request to the court to do something.
To renew basically seeks to ask the court to reconsider a decision that they’ve rendered
in the past. Let me give you a perfect example. Let’s say the defense has asked for certain
authorizations or permission slips to get your records and we don’t believe they’re
entitled to get those particular records, so here’s what happens. The defense will
likely ask the court for permission to force us to turn over those records and if the judge
does in fact order us to turn over those records, we have the ability – one option – is
to ask the court to reconsider that decision. And we do that by then making a motion to
renew. There may be new information or new evidence that explains why we should not be
turning over those particular documents. And we’re now asking the court to reconsider
the original decision. It’s not an effective tool. Why not? Because the court will often
not reconsider and if they do reconsider, they often will not side in favor with the
losing party unless there is something so significant that they did not consider the
first time around. So it’s a tool, it’s an option we have available before taking
it up one level to the appellate court to appeal the court’s decision. So that’s
what a motion to renew is. If you found this information helpful, what I want you to do
is press that button below that says “Like”, especially if you’re watching this on Facebook
and YouTube. And if you have questions, what I want you to do is pick up the phone and
call me. I can answer your legal questions. This is what I do here every single day in
the state of New York. You can reach me at 516-487-8207 or by email at lawmed10@yahoo.com.
I’m Gerry Oginski, here in New York. Thanks for watching.