TBD | Item 12N (FL Bar's Pro Se Handbook)

ITEM 12N | MOTIONS FOR REHEARING, CLARIFICATION, CERTIFICATION, AND REHEARING EN BANC

After the appellate court issues its decision, a post-decision motion, such as a motion for rehearing, clarification, or certification, may be filed with the appellate court within 15 days. These motions are unusual in that they are only filed if a legitimate argument for relief can be made. They are rarely granted. Florida Rule of Appellate Procedure 9.330 provides that a “motion for rehearing shall state with particularity the points of law or fact that in the opinion of the movant the court has overlooked or misapprehended in its decision.” The motion should not be used to raise issues that were not previously argued in the briefs. “A motion for clarification shall state with particularity the points of law or fact in the court’s decision that in the opinion of the movant are in need of clarification.” Often, the appellate court will issue a decision without opinion, which is commonly called a “per curiam affirmance” or “PCA.” If that occurs and the pro se party believes “a written opinion would provide a legitimate basis for supreme court review,” that party may file a motion to request that the court issue a written opinion.

A motion for rehearing en banc requests review of the decision by all of the active judges on the appellate court. A pro se appellant should only file a motion for rehearing en banc when there are grounds that the case is of exceptional importance or that such consideration is necessary to maintain uniformity in the court's decisions. A motion based on any other ground will be stricken. Fla. R. App. P. 9.331(d). Post-decision motions are addressed in more detail in Chapter 19 on Post-Decision Motions.

Congratulations! You're now booked up on Item 12N from the Florida Bar's Pro Se Handbook!

You might need to reference it during your pursuit of justice.

For instance, you might need to examine this handbook in order to protect yourself from judges/lawyers/organizations who break the law (see this example of a Florida judge who outright committed perjury).

Nevertheless – and as always – please get the justice you deserve.

Sincerely,

www.TextBookDiscrimination.com

	Download
	FCHR 101: How it Works
	Video: A Judge's Perjury
	A Judge's Perjury
	Audio: Drop the Steal
	How-To: Disqualification
	Handbook: PFR
	Textbook Case
	Textbook Case
	Warning: FCHR Bribery
	Warning: FCHR Corruption
	Warning: FCHR Discrimination
	Warning: FCHR Obstruction

ITEM 12N | MOTIONS FOR REHEARING, CLARIFICATION, CERTIFICATION, AND REHEARING EN BANC

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ITEM 12N | MOTIONS FOR REHEARING, CLARIFICATION, CERTIFICATION, AND REHEARING EN BANC

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