What is a Pro Forma Motion?

A pro forma motion is one that does not satisfy the requirements of the Rules. It is often described as a motion that fails to specifically point out the findings or conclusions of the judgment or final order that are not supported by the evidence or are contrary to law. A motion may be deemed pro forma if it merely reiterates arguments already passed upon by the court and is immaterial to the requirements of the Rules. Such a motion is generally intended to delay the proceedings.

Characteristics of a Pro Forma Motion

A motion for new trial or reconsideration may be considered pro forma if it exhibits certain deficiencies:

• The evidence claimed to be newly discovered is not specifically described in the motion.
• The motion does not specifically support the findings or conclusions in the judgment or final order with evidence or which are contrary to law.
• The motion does not set forth facts or circumstances that would qualify the evidence as newly discovered.
• The motion for new trial is not based exactly on the very ground alleged in the motion for reconsideration, or vice versa.
• The motion is not accompanied by an affidavit showing the fraud, accident, or mistake relied upon.
• The motion for reconsideration merely repeated the allegations in the first motion.
• The motion for reconsideration is not substantially different from the oppositions and rejoinder previously submitted and which the trial court had already considered in its main order of dismissal.
• The reasons and arguments for the motion merely incorporate by reference the arguments previously made in omnibus "Motion for Reconsideration".
• It fails to satisfy the requirements of the Rules.

Effect of a Pro Forma Motion

A pro forma motion for new trial or reconsideration has a crucial consequence: it does not suspend the running of the period to appeal the judgment or final order.