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.
Cordially,
Randy D. Lang
Attorney
