What is a motion for rehearing or reconsideration?

A motion for rehearing or reconsideration is a legal request that asks the court to review its own ruling. It is a way to argue that the previous decision should be changed. In California, this motion must be filed within 60 days of the ruling and must show that the previous decision was either based on wrong interpretation of the law, a mistaken finding of fact, or an abuse of discretion by the judge. In criminal appeal law, the court will rehear the entire case or will reconsider the decision if evidence is presented that was not available to the court at the original hearing or if an intervening change in the law has taken place since the decision was made. Depending on the motion, those affected by the ruling of the lower court may be able to argue that the facts of the case were not taken into consideration or that the judge made an error in applying the law. The court may then overturn the ruling and make a new decision.

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What is a motion for rehearing or reconsideration?

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