How do I request a rehearing on an appeal?

If you wish to request a rehearing on an appeal in California, you will need to file a writ of rehearing within 25 days of the decision being rendered. A writ of rehearing is a written request to the court to review its decision and determine if it should be changed or amended. This can be done by completing and filing a Request for Rehearing form with the court’s clerk. The Request for Rehearing form can be obtained from the clerk of the court where the decision was made, or from the California Courts’ website. It must be filled out completely and filed with the clerk. The form includes the court name and case number, the title of the case, and the appellant’s name and address. To be considered, the Request for Rehearing must include the reasons why you believe the court should reconsider its decision, including specific arguments as to why the decision was wrong. After you have filed the Request for Rehearing form, the clerk will issue an order of reference. This will refer the case to a three-judge panel who will hear the arguments and may decide to affirm the original decision or reverse it. Once the court decides on the rehearing request, the appellant or the respondent (the other party in the case) may file a petition for rehearing en banc. This request is for all justices in the court to review the case and it must be filed within 25 days from the decision of the three-judge panel. You should consult an attorney for more information about the appeals process in California as well as for assistance in filing an appeal.

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