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  • Petition For Rehearing Government Code Section 68081 Form

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SAMPLE PETITION FOR REHEARING (FOR AN ISSUE NOT ADDRESSED BY EITHER PARTY) ARGUMENT I. The Court Is Required to Grant This Petition for Rehearing Because A Court of Appeal May Not Render A Decision.

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A trial court does not have jurisdiction to entertain a motion for rehearing served after that time period has elapsed. A motion for reconsideration, however, may be filed anytime up until final judgment, regardless of how much time has elapsed since the entry of the nonfinal order to which it is directed.

After you file an appeal and your case goes to the appellate court, they pass down their decision. The petition for rehearing is a way to contest the appellate court's decision. This isn't the time to try out a new defense angle or fight to have evidence analyzed in a different way.

Government Code section 68081 requires that before an appellate court renders a decision in a proceeding “based upon an issue which was not proposed or briefed by any party to the proceeding, the court shall afford the parties an opportunity to present their views on the matter through supplemental briefing” and the ...

The purpose of a motion for rehearing is to give the trial court an opportunity to consider matters which it did not consider or which it overlooked at the trial. See Fla. R. Civ.

After filing a petition for rehearing If the court does not act on the petition before the decision becomes final, the petition will be deemed denied "by operation of law" (automatically without an order of any kind from the court).

A petition for rehearing asks the Court of Appeal to hear – or consider – the case again and correct a legal mistake in the court's opinion. Generally, the court only agrees to a rehearing if the mistake is a major error of fact or law, or if an important argument was not included in the court's decision.

The petition for rehearing should focus on the error or errors in the appellate court's decision. The petition must generally be served and filed within 15 days of the filing of the appellate court's decision. No opposition to the petition can be filed unless the court asks for it.

A petition for rehearing asks the Court of Appeal to hear – or consider – the case again and correct a legal mistake in the court's opinion. Generally, the court only agrees to a rehearing if the mistake is a major error of fact or law, or if an important argument was not included in the court's decision.

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© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232
Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232