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Rule 458. Motion and Second Motion for Rehearing (1981)

TEXT

(a) Any party desiring a rehearing of any matter determined by any Court of Civil Appeals may, within 15 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 points 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.

(b) If on rehearing the Court of Civil Appeals modifies its judgment, or vacates its judgment and renders a new judgment, or hands down an opinion in connection with the overruling of a motion for rehearing, a further motion for rehearing may, if a party desires to complain of the action taken, be filed within 15 days after such action occurs. However, a further motion for rehearing shall not be required or necessary as a predicate for a point in the application for writ of error if the asserted point of error was overruled by the Court of Civil Appeals in a prior motion for rehearing.

When a further motion for rehearing is filed, the regulations contained in Section (a) of this rule and Rules 460 and 468 shall apply to it as though it was a first motion for rehearing.

(c) Any motion for rehearing may be amended as a matter of right any time before the expiration of the 15 day period allowed for filing it, and with leave of the court any time before its final disposition.

(d) 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 June 10, 1980, eff. Jan. 1, 1981: In the first sentence, the words “assignments of error” are changed to “points” so that Rules 320, 321, 418d, 458, 469e, and 515 will use the term “point” uniformly.

Paragraph (b) has been rewritten to make it clear that if on rehearing the Court of Civil Appeals changes its judgment or hands down an opinion in connection with overruling a motion for rehearing, any party may file a further motion for rehearing, but such further motion is not required or necessary as a predicate for a point in the application for writ of error if the asserted point of error was overruled by the Court of Civil Appeals in a prior motion for rehearing.