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Rule 458. Motion for Rehearing (Dec1941)


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.

Amended by order of Sept. 20, 1941, eff. Dec. 31, 1941: The last three sentences have been added.

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941 June 16, 1943, eff. Dec. 31, 1943
  Oct. 10, 1945, eff. Feb. 1, 1946
  Aug. 18, 1947, eff. Dec. 31, 1947
  June 10, 1980, eff. Jan. 1, 1981
  Repealed by order of April 10, 1986, eff. Sept. 1, 1986