Louisiana Brief in Support of Motion for Rehearing on Behalf of Defendant Appellant
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Legal Definition of rehearing : a reconsideration of a cause (as an appeal) after final decision or dismissal usually by the same tribunal that is usually granted due to some error in the original hearing and that may encompass new matters (as evidence or issues)
1st DCA 1987). So, it is clear that as long as there is no substantive difference between the order granting summary judgment and the final judgment, in both the First and the Third District Courts of Appeal, motions for rehearing directed toward the orders granting summary judgment will toll the time to appeal.
But there are exceptions to the statement that filing a motion for rehearing of a non-final order does not toll the time to appeal, and motions for rehearing directed toward orders granting summary judgments may be one of them.
Any party may file a response to a motion; Rule 27(a)(2) governs its contents. The response must be filed within 10 days after service of the motion unless the court shortens or extends the time.
1887), the phrase a motion for rehearing shall state with particularity the points of law or fact that the court has overlooked or misapprehended in its order or decision has been interpreted not to permit the rehearing movant to argue within the motion but merely to point out to the appellate court, without argument
Definition from Nolo's Plain-English Law Dictionary Conducting a hearing again based on the motion of one of the parties to a lawsuit, petition, or criminal prosecution, usually by the court or agency which originally heard the matter.
An order granting rehearing vacates the decision and sets the case at large in the Court of Appeal. (CRC 8.268(d).) In theory, the court might ask for new briefing and hear argument again before issuing a new decision. But in practice, it will simply study the issues presented and then issue a new decision.
Just as with your motion to stay, begin your motion for reconsideration by stating who you are, what you are asking of the judge, and which rule gives you permission to ask. From there on out, use the rule itself as a general outline for your motion.