Legal Question in Native American Law in Arizona

Is it possible to amend a motion for reconsideration on a dispositive order dismissing a case? On the day, the Motion for Reconsideration was filed an order was delivered in another court that an Indian government might be illegal and that Indian court has parallel proceedings to determine if the Indian government is illegal. The supposed illegal government approved a settlement aggrement at the circuit level in my case. Should a Motion to Strike Settlement be done or a Motion to Stay my case until the Indian Court finishes their proceedings on illegal governent. The yesterdays Federal Court order on illegal Indian government was appealed today.

Asked on 1/25/11, 9:14 pm

1 Answer from Attorneys

Randy Lang,J.D.,Atty. Office of the Prosecutor SCAT

Your question is can you amend a Motion for Reconsideration On a Dispositive Order Dismissing the Case?

If your jurisdiction and local Court Rules of Procedure allow you to use a Motion for Reconsideration you can move to amend it under these circumstances.

However,under the stated circumstances you may want to just supplement your motion with the newly discovered evidence or,alternatively,submbit a Motion to Renew Motion for Reconsideration.

You have indicated that an appeal has been filed on the issue of whether the Indian Nation is or acted illegally you may want to file any of the above motion(s) in the Court of Appeals or do a special writ.

Also,as to the Settlement you mention,you may want to file a Motion to Vacate the Settlement on the appropriate grounds or Motion to Stay Settlement Pending Appeal or/and Motion for Order Appellant to Post Bond to cover your damages (you'll need to support your motion with a proper Declaration of you actual damages).

Obviously,the above general suggestions require more detailed information which has not been provided but the concepts articulated should help you.

Good luck with you matter.


Randy D. Lang


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Answered on 8/02/11, 4:28 pm

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