Find out if you need to file a petition for rehearing or motion for reconsideration if you know that you want to appeal the judge’s decision.
Do I need to file a petition for rehearing or motion for reconsideration if I know that I want to appeal the judge’s decision?
Yes, in some cases, as it relates to final orders. Several of the appellate courts in this state take the position that your right to appeal certain types of issues is waived if not brought up in a petition for rehearing. If you believe your right to appeal is based on the judge not making written findings to support their decision, several of the appellate courts require you to raise the lack of findings in a timely petition for rehearing or they consider you to have waived your right to appeal.
It is usually unnecessary to file a motion for reconsideration if you want to appeal a non-final order. However, unless you know the judge has thoroughly considered the issue you want to appeal, filing a motion for reconsideration before filing an appeal is worth consideration because if the judge grants the motion the appeal will be unnecessary. Why spend the money on an appeal if you don’t have to?
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