Motion for Rehearing
What is it?
In its simplest form, a motion for rehearing is a motion that asks the court to reconsider a motion that was previously filed and a hearing was held, and the judge denied your motion. Asking for a rehearing is simply asking the judge to reconsider. It can be filed because of a change in circumstances, or additional evidence, or maybe simply the attorney has better case law that he wants to present the court. Each hearing is unique, and presents different reasons for why a rehearing may be necessary.
Where is it found?
Rule 8.130 addresses a Motion for Rehearing. Under Rule 8.130, the Rule addresses possible reasons why a hearing should be reheard:
- “That the Court erred in the decision of any matter of law arising during the hearing.”
- “That a party required to be present at the hearing was not present.”
- “That a party did not receive a fair and impartial hearing.”
- “That there exists new and material evidence which, if introduced at the hearing, would probably have changed the court’s decision and could not with reasonable diligence have been discovered before and produced at the hearing.”
- “That the court is without jurisdiction of the proceeding.”
- “That the judgment is contrary to the law and evidence.”
A Motion for Hearing in Practice
Bond Motion Example: All too often a motion is filed, a hearing is held, and an unfavorable result occurs. Many attorneys simply sit back and rely on that bad decision. However, good attorneys are often willing to take risks, and attempt to get favorable outcomes even after what appears to be a loss. A good example of where I see many attorneys simply stop trying is at bond hearings. Once that judge comes back with a denial of bond, that’s usually the last motion or hearing on that point that the attorney will file.
However, it doesn’t have to be. Motions for rehearing are useful tools at getting back into the courtroom and arguing for release. As you can see above, there are many reasons and ways a person can get multiple chances at bond, even where it isn’t necessarily successful the first time.
Be Creative: The criminal justice system is stacked against the Defendant. But, there are plenty of tools at the Defense Attorney’s disposal. One of these tools is the motion for rehearing. Ask your attorney how this motion can be used strategically in your case.