What is a motion for rehearing or reconsideration?

A motion for rehearing or reconsideration is a legal document filed in criminal appeal cases where the appellant or their attorney seeks to challenge the decision of the court. This motion is typically filed in appellate courts such as the New York State Supreme Court Appeals, Appellate Division, or New York’s highest court, the Court of Appeals. In a motion for rehearing or reconsideration, the appellant is asking the court to look at the case again. They may provide new information and ask the court to reconsider their initial decision. The motion may also seek to challenge specific rulings by the court that the appellant believes were wrongly decided. For example, if the court ruled against the appellant but the appellant believes that the ruling was incorrect, they may file a motion for rehearing which asks the court to reconsider its original decision. The court may then hold hearings to determine whether the motion should be granted or denied. Motions for rehearing or reconsideration are important tools for appellants who believe that the court’s initial ruling was incorrect. It allows them to present new information or challenge specific aspects of the original ruling in order to seek a different outcome. However, motions for rehearing or reconsideration are not often granted and appellants should be aware that filing one does not guarantee a favorable outcome.

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What is a motion for rehearing or reconsideration?

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