When an appeal by the state is authorized by Florida Rule of Appellate Procedure 9.140, or sections 924.07 or 924.071, Florida Statutes, the state may file a motion for rehearing within 10 days of an order subject to appellate review. A motion for rehearing shall state with particularity the points of law or fact that, in the opinion of the state, the court has overlooked or misapprehended in its decision, and shall not present issues not previously raised in the proceeding. A response may be filed within 10 days of service of the motion. The trial court’s order disposing of the motion for rehearing shall be filed within 15 days of the response but not later than 40 days from the date of the order of which rehearing is sought. A timely filed motion for rehearing shall toll rendition of the order subject to appellate review and the order shall be deemed rendered upon the filing of a signed, written order denying the motion for rehearing. This rule shall not apply to postconviction proceedings pursuant to rule 3.800(a), 3.801, 3.850, 3.851, or 3.853. Nothing in this rule precludes the trial court from exercising its inherent authority to reconsider a ruling while the court has jurisdiction of the case.
All the Rules. For Florida. > Florida Rules of Criminal Procedure > RULE 3.192. MOTIONS FOR REHEARING
RULE 3.192. MOTIONS FOR REHEARING
Last Modified on Rules.Legal:
Related rules:
- RULE 3.851. COLLATERAL RELIEF AFTER DEATH SENTENCE HAS BEEN IMPOSED AND AFFIRMED ON DIRECT APPEAL
- RULE 2.420. PUBLIC ACCESS TO AND PROTECTION OF JUDICIAL BRANCH RECORDS
- RULE 9.140. APPEAL PROCEEDINGS IN CRIMINAL CASES
- RULE 3.850. MOTION TO VACATE; SET ASIDE; OR CORRECT SENTENCE
- RULE 9.141. REVIEW PROCEEDINGS IN COLLATERAL OR POSTCONVICTION CRIMINAL CASES
- RULE 9.180. APPEAL PROCEEDINGS TO REVIEW WORKERS’ COMPENSATION CASES
- Florida Family Law Rules of Procedure
- Florida Probate Rules
- Florida Rules of Appellate Procedure
- Florida Rules of Civil Procedure
- Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators
- Florida Rules of Criminal Procedure
- RULE 3.010. SCOPE
- RULE 3.020. PURPOSE AND CONSTRUCTION
- RULE 3.025. STATE AND PROSECUTING ATTORNEY DEFINED
- RULE 3.030. SERVICE AND FILING OF PLEADINGS AND DOCUMENTS
- RULE 3.040. COMPUTATION OF TIME
- RULE 3.050. ENLARGEMENT OF TIME
- RULE 3.060. TIME FOR SERVICE OF MOTIONS AND NOTICE OF HEARING
- RULE 3.080. NONVERIFICATION OF PLEADINGS
- RULE 3.090. PLEADING CAPTIONS
- RULE 3.111. PROVIDING COUNSEL TO INDIGENTS
- RULE 3.112. MINIMUM STANDARDS FOR ATTORNEYS IN CAPITAL CASES
- RULE 3.113. MINIMUM STANDARDS FOR ATTORNEYS IN FELONY CASES
- RULE 3.115. DUTIES OF STATE ATTORNEY; CRIMINAL INTAKE
- RULE 3.116. USE OF COMMUNICATION TECHNOLOGY
- RULE 3.120. COMMITTING JUDGE
- RULE 3.121. ARREST WARRANT
- RULE 3.125. NOTICE TO APPEAR
- RULE 3.130. FIRST APPEARANCE
- RULE 3.131. PRETRIAL RELEASE
- RULE 3.132. PRETRIAL DETENTION
- RULE 3.133. PRETRIAL PROBABLE CAUSE DETERMINATIONS AND ADVERSARY PRELIMINARY HEARINGS
- RULE 3.134. TIME FOR FILING FORMAL CHARGES
- RULE 3.140. INDICTMENTS; INFORMATIONS
- RULE 3.150. JOINDER OF OFFENSES AND DEFENDANTS
- RULE 3.151. CONSOLIDATION OF RELATED OFFENSES
- RULE 3.152. SEVERANCE OF OFFENSES AND DEFENDANTS
- RULE 3.153. TIMELINESS OF DEFENDANT’S MOTION; WAIVER
- RULE 3.160. ARRAIGNMENT
- RULE 3.170. PLEAS
- RULE 3.171. PLEA DISCUSSIONS AND AGREEMENTS
- RULE 3.172. ACCEPTANCE OF GUILTY OR NOLO CONTENDERE PLEA
- RULE 3.180. PRESENCE OF DEFENDANT
- RULE 3.181. NOTICE TO SEEK DEATH PENALTY
- RULE 3.190. PRETRIAL MOTIONS
- RULE 3.191. SPEEDY TRIAL
- RULE 3.192. MOTIONS FOR REHEARING
- RULE 3.200. NOTICE OF ALIBI
- RULE 3.201. BATTERED-SPOUSE SYNDROME DEFENSE
- RULE 3.202. EXPERT TESTIMONY OF MENTAL MITIGATION DURING PENALTY PHASE OF CAPITAL TRIAL; NOTICE AND EXAMINATION BY STATE EXPERT
- RULE 3.203. DEFENDANT’S INTELLECTUAL DISABILITY AS A BAR TO IMPOSITION OF THE DEATH PENALTY
- RULE 3.210. INCOMPETENCE TO PROCEED: PROCEDURE FOR RAISING THE ISSUE
- RULE 3.211. COMPETENCE TO PROCEED: SCOPE OF EXAMINATION AND REPORT
- RULE 3.212. COMPETENCE TO PROCEED: HEARING AND DISPOSITION
- RULE 3.213. CONTINUING INCOMPETENCY TO PROCEED, EXCEPT INCOMPETENCY TO PROCEED WITH SENTENCING; DISPOSITION
- RULE 3.214. INCOMPETENCY TO PROCEED TO SENTENCING: DISPOSITION
- RULE 3.215. EFFECT OF ADJUDICATION OF INCOMPETENCY TO PROCEED: PSYCHOTROPIC MEDICATION
- RULE 3.216. INSANITY AT TIME OF OFFENSE OR PROBATION OR COMMUNITY CONTROL VIOLATION: NOTICE AND APPOINTMENT OF EXPERTS
- RULE 3.217. JUDGMENT OF NOT GUILTY BY REASON OF INSANITY; DISPOSITION OF DEFENDANT
- RULE 3.218. COMMITMENT OF A DEFENDANT FOUND NOT GUILTY BY REASON OF INSANITY
- RULE 3.219. CONDITIONAL RELEASE
- RULE 3.220. DISCOVERY
- RULE 3.231. SUBSTITUTION OF JUDGE
- RULE 3.240. CHANGE OF VENUE
- RULE 3.250. ACCUSED AS WITNESS
- RULE 3.251. RIGHT TO TRIAL BY JURY
- RULE 3.260. WAIVER OF JURY TRIAL
- RULE 3.270. NUMBER OF JURORS
- RULE 3.280. ALTERNATE JURORS
- RULE 3.281. LIST OF PROSPECTIVE JURORS
- RULE 3.290. CHALLENGE TO PANEL
- RULE 3.300. VOIR DIRE EXAMINATION, OATH, AND EXCUSING OF MEMBER
- RULE 3.310. TIME FOR CHALLENGE
- RULE 3.315. EXERCISE OF CHALLENGES
- RULE 3.320. MANNER OF CHALLENGE
- RULE 3.330. DETERMINATION OF CHALLENGE FOR CAUSE
- RULE 3.340. EFFECT OF SUSTAINING CHALLENGE
- RULE 3.350. PEREMPTORY CHALLENGES
- RULE 3.360. OATH OF TRIAL JURORS
- RULE 3.361. WITNESS ATTENDANCE AND SUBPOENAS
- RULE 3.370. REGULATION AND SEPARATION OF JURORS
- RULE 3.371. JUROR QUESTIONS OF WITNESSES
- RULE 3.372. JUROR NOTEBOOKS
- RULE 3.380. MOTION FOR JUDGMENT OF ACQUITTAL
- RULE 3.381. FINAL ARGUMENTS
- RULE 3.390. JURY INSTRUCTIONS
- RULE 3.391. SELECTION OF FOREPERSON OF JURY
- RULE 3.400. MATERIALS TO THE JURY ROOM
- RULE 3.410. JURY REQUEST TO REVIEW EVIDENCE OR FOR ADDITIONAL INSTRUCTIONS
- RULE 3.420. RECALL OF JURY FOR ADDITIONAL INSTRUCTIONS
- RULE 3.430. JURY NOT RECALLABLE TO HEAR ADDITIONAL EVIDENCE
- RULE 3.440. RENDITION OF VERDICT; RECEPTION AND RECORDING
- RULE 3.450. POLLING THE JURY
- RULE 3.451. JUDICIAL COMMENT ON VERDICT
- RULE 3.470. PROCEEDINGS ON SEALED VERDICT
- RULE 3.490. DETERMINATION OF DEGREE OF OFFENSE
- RULE 3.500. VERDICT OF GUILTY WHERE MORE THAN ONE COUNT
- RULE 3.505. INCONSISTENT VERDICTS
- RULE 3.510. DETERMINATION OF ATTEMPTS AND LESSER INCLUDED OFFENSES
- RULE 3.520. VERDICT IN CASE OF JOINT DEFENDANTS
- RULE 3.530. RECONSIDERATION OF AMBIGUOUS OR DEFECTIVE VERDICT
- RULE 3.540. WHEN VERDICT MAY BE RENDERED
- RULE 3.550. DISPOSITION OF DEFENDANT
- RULE 3.560. DISCHARGE OF JURORS
- RULE 3.570. IRREGULARITY IN RENDITION, RECEPTION, AND RECORDING OF VERDICT
- RULE 3.575. MOTION TO INTERVIEW JUROR
- RULE 3.580. COURT MAY GRANT NEW TRIAL
- RULE 3.590. TIME FOR AND METHOD OF MAKING MOTIONS; PROCEDURE; CUSTODY PENDING HEARING
- RULE 3.600. GROUNDS FOR NEW TRIAL
- RULE 3.610. MOTION FOR ARREST OF JUDGMENT; GROUNDS
- RULE 3.620. WHEN EVIDENCE SUSTAINS ONLY CONVICTION OF LESSER OFFENSE
- RULE 3.630. SENTENCE BEFORE OR AFTER MOTION FILED
- RULE 3.640. EFFECT OF GRANTING NEW TRIAL
- RULE 3.650. JUDGMENT DEFINED
- RULE 3.670. RENDITION OF JUDGMENT
- RULE 3.680. JUDGMENT ON INFORMAL VERDICT
- RULE 3.690. JUDGMENT OF NOT GUILTY; DEFENDANT DISCHARGED AND SURETIES EXONERATED
- RULE 3.691. POST-TRIAL RELEASE
- RULE 3.692. PETITION TO SEAL OR EXPUNGE
- RULE 3.693. PETITION TO SEAL OR EXPUNGE; HUMAN TRAFFICKING
- RULE 3.694. PETITION TO SEAL OR EXPUNGE; LAWFUL SELF-DEFENSE EXPUNCTION
- RULE 3.700. SENTENCE DEFINED; PRONOUNCEMENT AND ENTRY; SENTENCING JUDGE
- RULE 3.701. SENTENCING GUIDELINES
- RULE 3.702. SENTENCING GUIDELINES (1994)
- RULE 3.703. SENTENCING GUIDELINES (1994 AS AMENDED)
- RULE 3.704. THE CRIMINAL PUNISHMENT CODE
- RULE 3.710. PRESENTENCE REPORT
- RULE 3.711. PRESENTENCE REPORT: WHEN PREPARED
- RULE 3.712. PRESENTENCE REPORT: DISCLOSURE
- RULE 3.713. PRESENTENCE INVESTIGATION DISCLOSURE: PARTIES
- RULE 3.720. SENTENCING HEARING
- RULE 3.721. RECORD OF THE PROCEEDINGS
- RULE 3.730. ISSUANCE OF CAPIAS WHEN NECESSARY TO BRING DEFENDANT BEFORE COURT
- RULE 3.750. PROCEDURE WHEN PARDON IS ALLEGED AS CAUSE FOR NOT PRONOUNCING SENTENCE
- RULE 3.760. PROCEDURE WHEN NONIDENTITY IS ALLEGED AS CAUSE FOR NOT PRONOUNCING SENTENCE
- RULE 3.770. PROCEDURE WHEN PREGNANCY IS ALLEGED AS CAUSE FOR NOT PRONOUNCING DEATH SENTENCE
- RULE 3.780. SENTENCING HEARING FOR CAPITAL CASES
- RULE 3.781. SENTENCING HEARING TO CONSIDER THE IMPOSITION OF A LIFE SENTENCE FOR JUVENILE OFFENDERS
- RULE 3.790. PROBATION AND COMMUNITY CONTROL
- RULE 3.800. CORRECTION, REDUCTION, AND MODIFICATION OF SENTENCES
- RULE 3.801. CORRECTION OF JAIL CREDIT
- RULE 3.802. REVIEW OF SENTENCES FOR JUVENILE OFFENDERS
- RULE 3.810. COMMITMENT OF DEFENDANT; DUTY OF SHERIFF
- RULE 3.811. INSANITY AT TIME OF EXECUTION: CAPITAL CASES
- RULE 3.812. HEARING ON INSANITY AT TIME OF EXECUTION: CAPITAL CASES
- RULE 3.820. HABEAS CORPUS
- RULE 3.830. DIRECT CRIMINAL CONTEMPT
- RULE 3.840. INDIRECT CRIMINAL CONTEMPT
- RULE 3.850. MOTION TO VACATE; SET ASIDE; OR CORRECT SENTENCE
- RULE 3.851. COLLATERAL RELIEF AFTER DEATH SENTENCE HAS BEEN IMPOSED AND AFFIRMED ON DIRECT APPEAL
- RULE 3.852. CAPITAL POSTCONVICTION PUBLIC RECORDS PRODUCTION
- RULE 3.853. MOTION FOR POSTCONVICTION DNA TESTING
- RULE 3.992. CRIMINAL PUNISHMENT CODE SCORESHEET
- Florida Rules of General Practice and Judicial Administration
- Florida Rules of Juvenile Procedure
- Florida Rules of Traffic Court
- Florida Small Claims Rules
- Need a Florida Lawyer?
- Rules Regulating The Florida Bar
- Search Florida Rules – All
- Search Florida Rules of Civil Procedure