Back to Main Page / Back to List of Rules

Rule 458. Motion and Second Motion for Rehearing (1947)


Any party desiring a rehearing of any matter determined by any Court of Civil Appeals may, within fifteen days after the date of rendition of the judgment or decision of the court, or the filing of the findings of fact and conclusions of law, whether such date be in the same or a succeeding term of said court, file with the clerk of said court his motion in writing for a rehearing thereof, in which the assignments of error relied upon for the rehearing shall be distinctly specified, and the name and residence of the counsel of the opposing party, if known, and if not known, then the name and residence of the opposing party as shown in the record. The party filing such motion shall deliver or mail to each opposing party, or his attorney of record, a true copy of such motion, and shall note on the motion so filed with the clerk that such copies have been so furnished. Upon his failure to do so, he shall accompany his motion with, or furnish to the clerk on his request, a sufficient number of duplicates or copies thereof for the clerk to use in complying with the provisions of Rule 460. Failure to supply such copies on request of the clerk may result in a dismissal of the motion.

If the Court of Civil Appeals hands down an opinion in connection with the overruling of a motion for rehearing, a further motion for rehearing may, if the losing party deems same necessary, be filed within fifteen days after such opinion is handed down and the above regulations and those of Rules 460 and 468 shall apply to it as though it were the first motion; but a further motion for rehearing shall not be made as a matter of right in any other case.

Any motion for rehearing may be amended as a matter of right any time before the expiration of the fifteen-day period allowed for filing it, and with leave of the court any time before its final disposition.

All motions and other matters filed in either the Supreme Court or the Court of Civil Appeals, and not finally disposed of at the end of the term, shall be automatically continued to the next succeeding term of court.

Amended by order of Aug. 18, 1947, eff. Dec. 31, 1947: The paragraph commencing "Any motion" and ending "disposition" and the one commencing "All motions" and ending "term of court" have been added.

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941 June 10, 1980, eff. Jan. 1, 1981
Sept. 20, 1941, eff. Dec. 31, 1941 Repealed by order of April 10, 1986, eff. Sept. 1, 1986
June 16, 1943, eff. Dec. 31, 1943  
Oct. 10, 1945, eff. Feb. 1, 1946