Sample Form S - Petition For Rehearing (Page 2 of 6) in pdf

Sample Form S - Petition For Rehearing Page 2

PETITION FOR REHEARING - INSTRUCTIONS

After the opinion has been filed in your case, or a request for publication granted or

modification of opinion changing judgment, you have 15 days to ask the Court of Appeal for a

rehearing. You ask for a rehearing if you feel that the opinion misstates the facts, has an error of

law, has a significant omission in the facts or law or failed to consider an important argument.

There is an automatic right to rehearing if the Court of Appeal makes a decision based on an

issue that was not proposed or briefed by any party. (Government Code section 68081.) The

petition for rehearing has an orange cover if filing in paper form. If filing in paper form, an

original plus one copy of the petition for rehearing must be filed in the Court of Appeal. The

copy must have a white cover, be unbound and not contain tabs. A proof of service showing

service on the Supreme Court, the Superior Court and all counsel and self-represented parties

must accompany the petition for rehearing.

Filling out the Cover Page:

(1) The plaintiff's name as it appears on your Superior Court caption.

(2) Whether plaintiff is "appellant" or "respondent".

(3) The defendant's name as it appears on your Superior Court caption.

(4) Whether defendant is "appellant" or "respondent".

(5) The Court of Appeal case number which begins with "D0".

(6) The Superior Court number from your Superior Court case.

(7) Write the county where the Superior Court case originated. It will be either "San Diego" or

"Imperial".

(8) The name of the Superior Court judge.

(9) Your name.

(10) Your mailing address.

(11) Your city, state and zip code.

(12) Your telephone number where you can be reached during the day.

Filling out the Petition for Rehearing:

(1) Your name.

(2) Your mailing address.

Sample Form S

Sample Form S - Petition For Rehearing Page 2