Motions for Reconsideration

Post final judgment motions for reconsideration do not exist under Montana law. Horton v. Horton, 2007 MT 181, ¶ 7, 338 Mont. 236, 165 P.3d 1076; Jones v. Montana University System, 2007 MT 82, ¶ 13, 337 Mont. 1, 155 P.3d 1247.

In determining whether a "motion for reconsideration" is in substance a Rule 59 motion to alter or amend, we will look to whether one of four bases--one of which is to correct manifest errors of law or fact--are raised and, if so, we would be more likely to conclude the motion is actually a motion to alter or amend judgment. Nelson v. Driscoll, 285 Mont. 355, 360, 948 P.2d 256, 259 (1997). We also provided guidance regarding what a motion to alter or amend is not. A motion to alter or amend is "not intended to relitigate old matters[;]" nor should it present arguments which the court has already considered and rejected. Nelson, 285 Mont. at 360-61, 948 P.2d at 259 (citations omitted); see also ABC Collectors, Inc. v. Birnel, 2006 MT 148, ¶ 15, 332 Mont. 410, 413-14, 138 P.3d 802, 804-05.