Mississippi Order Denying Motion for Rehearing
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FAQ
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
Generally, the losing party in a lawsuit may appeal their case to a higher court.If an appeal is granted, the lower court's decision may be reversed in whole or in part. If an appeal is denied, the lower court's decision stands.
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.
Court can rehear cases on the meritscases, like Kennedy, that the Court may have already been briefed on, heard oral arguments for, and rendered decisions onif the party seeking rehearing petitions the Court within twenty-five days of the Court's decision. original decision, must vote to rehear.
There are basically 3 stages to a civil appeal in Mississippi. First, you file your notice of appeal and other preliminary documents. Critically, you MUST file your notice of appeal within 30 days of the trial court's final judgment. In some cases, you should file a post-trial motion within 10 days of the judgment.
To appeal a Circuit Court decision, an appellant must file a Notice of Appeal in the Circuit Court, serve the other party, and pay the accompanying fee. (See the Revised Schedule of Circuit Court Charges, Costs and Fees.) The appellant must pay a filing fee to the Court of Special Appeals as well.
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 second or new hearing by the same tribunal.
Filing the Notice of Appeal. Abandonment or Settlement. Waiver of Fees. Designating the Record. Civil Case Information Sheet. Briefs. Oral Argument. The Court's Decision.
