How to Write a Motion for Rehearing*
* The federal courts refer to this as a "Petition for Rehearing"
| Background: | Your appellate court just entered a decision/opinion |
| Problem: | The court's ruling is based on harmful error |
| Solution: | You ask the Court to fix its decision; and re-hear your case |
I. Definitions
II. Legal Citations
(a)(4) Action by the Court. If a petition for panel rehearing is granted, the court may do any of the following:
(B) restore the case to the calendar for reargument or resubmission; or
(C) issue any other appropriate order.
III. Samples
| # | Comments | ₧ | |
|---|---|---|---|
| 101 |  | ✔ 2019 | granted; attorney filing; attorney licensing; corrected order; suspension; |  |
| 102 | | ✔ 2018 | granted; attorney filing; ambiguous wording; failure to rehear would set a chilling precedent; | |
| 103 | | ✔ 2017 | granted; attorney filing; attorney licensing; clarify order | |
| 104 | | ✔ 2017 | granted; attorney filing; consent judgment; guilty plea; attorney licensing; | |
| 105 | | ✔ 2017 | granted; attorney filing; probation violation; suspension; | |
| 106 | | ✔ 2017 | granted; attorney filing; clerical mistake; judicial oversight; wrong case; | |
| 107 | | ✔ 2017 | granted; attorney filing; intellectual disability; flynn effect | |
| 108 | | ✔ 2017 | granted; attorney filing; great format; intellectual disability; bar to execution; overlooked points of fact; | |
| 109 | | ✔ 2016 | granted; attorney filing; acquittal timing (before vs after [jury verdict]) | |
| 110 | | ✔ 2016 | granted; attorney filing; bill of costs; | |
| 111 | | ✔ 2016 | granted; attorney filing; reinstatement of bar license; | |
| 112 | | ✔ 2015 | granted; attorney filing; overlooked fact; correct proposal | |
| 113 | | ✔ 2015 | granted; attorney filing; binding appellate precedent; conflict with USSC; | |
| 114 | | ✔ 2015 | granted; attorney filing; constructive possession; jury instructions | |
| 115 | | ✔ 2015 | granted; attorney filing; attorney reinstatement | |
| 116 | | ✔ 2013 | granted; attorney filing; jury award; remittitur | |
| 117 | | ✔ 2013 | granted; attorney filing; intellectual disability; silent on remaining claims; | |
| 118 | | ✔ 2013 | granted; attorney filing; ineffective assistance of counsel; good citations; | |
| 119 | | ✔ 2008 | granted; attorney filing; bad footnote; clerk's authority; | |
| ...more samples coming soon... hitting the like button will raise this on TBD's priority list | |||
| # | Comments | ₧ | |
|---|---|---|---|
| 201 | | X 2025 | State-Borne Corruption Case; Attorney Filing | Changing Law (New US Supreme Court Opinion) | |
| ...more samples coming soon... hitting the like button will raise this on TBD's priority list | |||
IV. Templates
| # | Link | Comments | ₧ |
|---|---|---|---|
| 1 |  | TBD's Template | Replace all placeholder tags with real data (eg "[plfName]" becomes "John Doe"). |  |
| ...more template versions are available... so, hit the like button to encourage TBD to add additional versions! | |||
V. Application
- Point out the Error: According to the appellate courts, your Motion for Rehearing should only point out the point-of-law/point-of-fact that the court misapprehended/overlooked:
The sole and only purpose of a petition for rehearing is to call to the attention of the court some fact, precedent or rule of law which the court has overlooked in rendering its decision. Judges are human and subject to the frailties of humans. It follows that there will be occasions when a fact, a controlling decision or a principle of law even though discussed in the brief or pointed out in oral argument will be inadvertently overlooked in rendering the judgment of the court. There may also be occasions when a pertinent decision of the Supreme Court or of another District Court of Appeal may be rendered after the preparation of briefs, and even after oral argument, and not considered by the court. It is to meet these situations that the rules provide for petitions for rehearing as an orderly means of directing the court's attention to its inadvertence.
This leads to our first point: counsel should carefully and seriously consider the necessity or desirability of asking the court to rehear a case.
...
We subscribe to those views and urge counsel to file a motion only where careful analysis indicates a point of law or a fact which the court has overlooked or misapprehended, or where clarification of a written opinion is essential. - Avoid Re-arguing: According to the appellate courts, your Motion for Rehearing must not re-argue your points-on-appeal:
We recommend that counsel carefully review Judge Wigginton's well articulated views in Green prior to filing a motion for rehearing. We subscribe to those views and urge counsel to file a motion only where careful analysis indicates a point of law or a fact which the court has overlooked or misapprehended, or where clarification of a written opinion is essential. Counsel should not use such motion as a vehicle to reargue the merits of the court's decision or to express displeasure with its judgment.
- Avoid Expressing any Displeasure with the Court's Decision: According to the appellate courts, your Motion for Rehearing must not express displeasure with the court's decision:
Counsel should not use such motion as a vehicle to reargue the merits of the court's decision or to express displeasure with its judgment.
VI. Quick Commentary
- Act swiftly (ie, file this document as soon as you can)
- In the State of Florida, you have a 15-Day Deadline
- In the Federal System, you have a 14-Day Deadline*
- see Rule 40 Fed. R. App. P.
- * Notably, the 11th Circuit will give you a 21-Day Deadline
- * Plus – under certain conditions – the Court will extend this to a 45-Day Deadline
- (IFF one of your opponents is the federal government).
- see Rule 40-3 11th Cir. R.
- Download as many sample documents as you'd like
- learn about TBD's point system
- Also, feel free to use the templates (see Part IV - above) to help draft your 'Motion for Rehearing'
- Save the final version as a PDF file.
- File it in court
VII. Additional Resources
VIII. Bibliography
IX. Conclusion
With the use of the templates (as well as the samples above), you can more easily ask your court to relieve you from the court's erroneous decision/opinion.
...POINTS & THINGS...
You can use this to get the court to correct its improvident decision/opinion.
As always - please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
