Q: Can motion for rehearing include clarifications, Issues, not new facts?
Can motion for rehearing include clarifications, Issues, not new facts?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Yes, you can include clarifications and legal issues in your motion for rehearing in California courts, as long as you don't introduce new factual evidence that wasn't part of the original record.
The purpose of a motion for rehearing is to bring attention to matters the court may have overlooked or misunderstood in its initial ruling. You can elaborate on legal arguments, point out errors in the court's interpretation of existing evidence, or highlight relevant precedents that weren't fully addressed. This helps ensure the court has thoroughly considered all aspects of your case.
Remember that timing is critical - in California, you typically have 10 days after service of the order to file your motion for rehearing. Make sure your motion clearly identifies specific points where you believe the court needs clarification or reconsideration, and support these points with references to the existing record and relevant law. If you need assistance with this process, consulting with a legal professional who handles appeals and post-trial motions would be beneficial.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
