FL · rules
Fla. R. Juv. P. 8.130
Motion for Rehearing
(a) Basis. After the court has entered an order ruling on a
pretrial motion, an order of adjudication, or an order withholding
adjudication, any party may move for rehearing upon one or more
of the following grounds:
(1) That the court erred in the decision of any matter of
law arising during the hearing.
(2) That a party did not receive a fair and impartial
hearing.
(3) That any party required to be present at the hearing
was not present.
(4) That there exists new and material evidence which,
if introduced at the hearing, would probably have changed the
court’s decision and could not with reasonable diligence have been
discovered before and produced at the hearing.
(5) That the court is without jurisdiction of the
proceeding.
(6) That the judgment is contrary to the law and
evidence.
(b) Time and Method.
(1) A motion for rehearing may be made and ruled
upon immediately after the court announces its judgment but must
be made within 10 days of the entry of the order being challenged.
(2) If the motion is made in writing, it shall be served
as provided in these rules for service of other pleadings.
(3) A motion for rehearing shall toll the time for the
taking of an appeal.
(c) Court Action.
(1) If the motion for rehearing is granted the court may
vacate or modify the order or any part thereof and allow additional
proceedings as it deems just. It may enter a new judgment, and
may order or continue the child in detention pending further
proceedings.
(2) The court on its own initiative may vacate or modify
any order within the time limitation provided in subdivision (b).
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
2438b632e84b050bfafbe2bf33eae0e6a3b6217bf592f23dfbb128f7232c2d6f
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