The process of taking a case to trial and then through an appeal is long and expensive. When the court delivers a decision that is not in your favor, you might consider filing a motion for rehearing to try and change the decision. In Florida, there are specific rules for filing a motion for rehearing, including the time limit for filing and the reasons you can use to request a rehearing. It’s important to follow these rules carefully, as missing the deadline can result in your motion being rejected. While the deadline is important, there are some situations where the court might still consider a late motion for rehearing. But it’s best to assume the deadline is strict and advise your client accordingly. When someone files a motion for rehearing in an appeal case, the other side has a chance to respond within 10 days. You can only file one motion for rehearing, and you can’t bring up new issues in the motion. The motion has to point out specific legal or factual mistakes the court made in its decision. It can’t be used to argue against the court’s decision or bring up new evidence. The point of a rehearing is just to correct those specific mistakes. When an appellate court grants a motion for rehearing, it means they will reconsider a case and possibly change their decision. This can happen if there’s a new law that affects the case or if important evidence was left out of the original decision. In one case, the court granted a rehearing because a video of drugs in a car wasn’t included in the original case. A motion for rehearing in an appellate court is rarely granted and only if specific grounds are met. These grounds include presenting a critical fact or new law that the court missed in its original decision. Even if the attorney or parties missed something, the court will likely not grant a rehearing. So, while it’s not impossible, attorneys should consider this when deciding whether to file a motion for rehearing. When a case is heard by a panel of judges in a Florida court of appeal, it can be reheard by all the judges if it is considered very important or if there is a need to keep the court’s decisions consistent. This is called a rehearing en banc. However, it is very difficult to get a rehearing en banc because the reasons for it have to be exceptional. The party asking for a rehearing en banc has to file a motion with specific reasons why the case is important or why it needs to be heard by all the judges. Rehearings en banc are rarely granted, but in some cases, the court may deny the request to be heard by all the judges but still agree to rehear the case with the original panel of judges. If you’re unhappy with a decision in a federal court appeal in Florida, think carefully before filing a petition for rehearing. The court won’t hesitate to punish you and your lawyer if the petition doesn’t follow the rules. It’s best to only file a petition if it raises a new legal issue that the court missed, not just to complain about the decision. If you file a bad petition, it could make the situation worse for you and your lawyer. If you want to ask the court to reconsider its decision, you have to file a petition for rehearing within 14 days after the court’s decision. If the United States is involved in the case, then you have 45 days to file the petition. The 11th Circuit Court has extended the deadline to 21 days by local rule. You have to explain the specific points of law or facts that the court overlooked, and you can’t bring up new issues. If your petition is frivolous, you could be fined. Motions for rehearing should be used sparingly in court because they are rarely granted and judges don’t like them. There’s also a risk of getting sanctions. It’s usually better to advise your client not to seek rehearing unless the requirements for it are clearly met. It’s not always true that if you fail the first time, you should try again. So, think carefully before filing a motion for rehearing. If a court already decided a case, it’s very unlikely they’ll agree to hear it again. There are specific rules and time limits for asking for a rehearing. You have to have a good legal reason, like if the court missed something important in the case. If your request doesn’t have a good legal basis or if it’s just trying to cause trouble, the court won’t take it seriously. This information comes from the Appellate Practice Section. We want our members to learn about their responsibilities and help the community, make the legal system better, and improve the study of law.
Source: https://www.floridabar.org/the-florida-bar-journal/if-at-first-you-dont-succeed-should-you-try-again-motions-for-rehearing-on-appeal/
Leave a Reply