How do I file a petition for rehearing on an appeal?

In Florida, filing a petition for rehearing on an appeal of a criminal conviction requires the use of the Florida Rules of Appellate Procedure. The Florida Supreme Court is required to review all appeals of criminal convictions. In order to file a petition for rehearing on an appeal, the petitioner must file a “motion” with the court of appeals. The motion must set forth the legal grounds as to why the petitioner believes that a rehearing should be granted. In the motion for rehearing, the petitioner must include copies of all relevant documents and evidence from the original appeal. The motion must also include a statement of facts that demonstrate the basis for the rehearing and an additional argument that supports the petition’s legal grounds. Additionally, the motion must include a certification of the service of the motion on all parties involved in the case. In Florida, the petitioner must also pay a $500 filing fee in order to file a petition for rehearing. The filing fee must be paid within 30 days of the filing of the motion and should be paid by check or money order to the Clerk of the Supreme Court of Florida. Once the petitioner has filed the motion for rehearing and paid the related filing fee, the Florida Supreme Court will decide whether or not to grant the rehearing. If the petition is granted, the parties involved will then be allowed to present additional legal arguments to the court in support of their positions.

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