Q: advantages of motion for rehearing - other than timing
What are advantages of motion for rehearing vs motion for reconsideration?
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A:
A motion for rehearing can offer several key advantages over a motion for reconsideration in California civil procedure.
In general, a motion for rehearing allows you to present new evidence or arguments that weren't available during the initial hearing, while a motion for reconsideration is typically limited to addressing errors in the court's application of law or fact based on existing evidence. The rehearing motion also provides an opportunity to correct any procedural irregularities that may have occurred during the original hearing, potentially strengthening your position for appeal.
The most compelling advantage is that a motion for rehearing often receives more thorough consideration from the court, as it's viewed as a fresh look at the issues rather than just pointing out potential mistakes. Additionally, if granted, a rehearing essentially starts the process anew, giving you the chance to present your case more effectively based on what you learned from the first hearing. This can be particularly valuable when dealing with complex factual situations or when crucial evidence has recently become available.
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