How to Write a Petition for Rehearing*

* Florida's [state] courts refer to this as a "Motion for Rehearing"

Background:	Your [US] 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

Rehearing

a retrial, a new hearing and a new consideration of the case by the court (or other body) in which the suit was originally heard, and upon the pleadings and depositions already in the case.

Petition

in equity procedure, the functional equivalent of a complaint at law. It is a written application addressed to a court or judge, stating facts and circumstances relied upon as a cause for judicial action, and containing a prayer (formal request) for relief.

Opinion

the reason given for a court's judgment, finding or conclusion, as opposed to the decision, which is the judgment itself. When the court is composed of more than one judge or justice, and more than one opinion has been written in a given case, the opinion that expresses the view of the majority of the judges presiding, and thus announces the decision of the court, is referred to as the MAJORITY OPINION.

Motion

an application to the court requesting an order in favor of the applicant. Motions are generally made in reference to a pending action and may be addressed to a matter within the discretion of the judge, or may concern a point of law. Motions may be made orally or, more formally, in writing.

En Banc

Fr.: by the full court. Many appellate courts sit in divisions of three or more judges from among a larger number on the full court. Sometimes either on the court's motion or at the request of a litigant the court will consider a case by the full court rather than by only a part of it. A matter reconsidered by the whole court after a part of it has rendered its decision is called a REHEARING EN BANC, sometimes spelled "en bank".

II. Legal Citations

Rule 40 Fed. R. App. P. | Petition for Panel Rehearing

(a)(2) Contents. The petition must state with particularity each point of law or fact that the petitioner believes the court has overlooked or misapprehended and must argue in support of the petition. Oral argument is not permitted.

(a)(4) Action by the Court. If a petition for panel rehearing is granted, the court may do any of the following:

(A) make a final disposition of the case without reargument;

(B) restore the case to the calendar for reargument or resubmission; or

(C) issue any other appropriate order.

Rule 40-1 11^th Cir. R. | Contents

A copy of the opinion sought to be reheard shall be included as an addendum to each petition for rehearing. This addendum does not count towards length limitations.

III. Samples

USCA11
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001		± Pending \| TBD case \| 2024 \| Pro Se Filing \| Clear Error; USCA11 pretended an issue-on-appeal wasn't raised;
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USCADC
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101		± Pending \| 2024 \| Attorney Filing \| Immunity; Federal Elections; Prosecutorial Discretion;
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IV. Templates

#	Link	Comments	₧
901		TBD's Template \| Replace placeholder tags with real information (eg, "[plfNm]" becomes "John Doe")
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V. Application

Point out the Error: According to the appellate courts, your Petition 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.
- see State v. Green, 105 So.2d 817 (1DCA 1958)

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.
- see Whipple v State, 431 So. 2d 2011 (2DCA 1983)
Avoid Re-arguing: According to the appellate courts, your Petition 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.
- see Whipple v State, 431 So. 2d 2011 (2DCA 1983)
Avoid Expressing any Displeasure with the Court's Decision: According to the appellate courts, your Petition 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.
- see Whipple v State, 431 So. 2d 2011 (2DCA 1983)

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
  - see Rule 9.330(a) Fla. R. App. P.
- 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
    - see Rule 40-3 11^th Cir. R.
  - * 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 11^th Cir. R.
Download as many sample documents as you'd like
- Contact TBD for more free samples
- 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

Reading List: Rehearing

Stetson Law Review - Appellate Practice in Florida

VIII. Bibliography

IX. Conclusion

A Petition for Rehearing might help you cure the court's harmful infirmities/falsehoods.

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...

Congratulations! You're now booked up on how to write a Petition for Rehearing!

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

How to Write a Petition for Rehearing*

I. Definitions

II. Legal Citations

III. Samples

IV. Templates

V. Application

...

VI. Quick Commentary

VII. Additional Resources

VIII. Bibliography

IX. Conclusion

...POINTS & THINGS...

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How to Write a Petition for Rehearing*

I. Definitions

II. Legal Citations

III. Samples

IV. Templates

V. Application

...

VI. Quick Commentary

VII. Additional Resources

VIII. Bibliography

IX. Conclusion

...POINTS & THINGS...

Pages That YouMight Also Like

add a comment

thank you, come again!TBD 1.037

Submit a Quiz Question

That Will Test Another User's Page-Specific Knowledge

Pages That You
Might Also Like

thank you, come again!
TBD 1.037