Petition for Rehearing

If there is an important mistake in the appellate court's decision in the appeal — like a major misstatement of fact, an error of law, major law or facts that were left out, or an important argument that was not included — you can file a petition for rehearing in the appellate court asking the court to correct its mistake. The petition for rehearing should focus on the error or errors in the appellate court's decision. The petition must generally be served and filed within 15 days of the filing of the appellate court's decision.

No opposition to the petition can be filed unless the court asks for it.

After filing a petition for rehearing
If the court agrees that there was an important mistake in its decision, it will generally issue a new decision correcting that mistake. The court may ask for additional briefing or oral argument.

If the court does not act on the petition before the decision becomes final, the petition will be deemed denied "by operation of law" (automatically without an order of any kind from the court).

More information about petitions for rehearing
The information given here is very brief. You can find a lot more information and instructions by reading rule 8.268 of the California Rules of Court (for the Court of Appeal) and rule 8.889 (for the appellate division of the superior court).

The Court of Appeal districts have self-help manuals with sample forms and instructions, as well as rules of court you can use to guide you in filing a petition for rehearing.  See below for more information.

The Courts of Appeal and where to get help

The 1st District Court of Appeal

The 1st District Court of Appeal is in San Francisco and hears appeals in unlimited civil cases (such as civil cases involving an amount over $25,000 and family law cases) from trial courts in Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Napa, San Francisco, San Mateo, Solano, and Sonoma Counties.

For help with an appeal, click on the 1st District Court of Appeal's practices and procedures page.

The 2nd District Court of Appeal

The 2nd District Court of Appeal is in Los Angeles and Ventura and hears appeals in unlimited civil cases from trial courts in Los Angeles, Ventura, Santa Barbara, and San Luis Obispo Counties.

For help with an appeal, click on the 2nd District Court of Appeal's practices and procedures page, or for more information, click on the 2nd District's self-help resources page.

The 3rd District Court of Appeal

The 3rd District Court of Appeal is in Sacramento and hears appeals in unlimited civil cases from trial courts in Alpine, Amador, Butte, Calaveras, Colusa, El Dorado, Glenn, Lassen, Modoc, Mono, Nevada, Placer, Plumas, Sacramento, San Joaquin, Shasta, Sierra, Siskiyou, Sutter, Tehama, Trinity, Yolo, and Yuba Counties.

For help with an appeal, click for the 3rd District Court of Appeal's practices and procedures page.

The 4th District Court of Appeal

The 4th District Court of Appeal has 3 locations, in San Diego, Riverside, and Santa Ana. It hears appeals in unlimited civil cases from trial courts in San Diego, Imperial, Orange, San Bernardino, Riverside, and Inyo Counties.

For help with an appeal, click for the 4th District Court of Appeal's practices and procedures page, or click for self-help resources (including a step-by-step guide of the appeals process).

The 5th District Court of Appeal

The 5th District Court of Appeal is in Fresno and hears appeals in unlimited civil cases from trial courts in Fresno, Kern, Kings, Madera, Mariposa, Merced, Stanislaus, Tulare, and Tuolumne Counties.

For help with an appeal, click for the 5th District Court of Appeal's practices and procedures page, or click for self-help resources (including a step-by-step guide to the appeals process).

The 6th District Court of Appeal

The 6th District Court of Appeal is in San Jose and hears appeals in unlimited civil cases from trial courts in Santa Clara, San Benito, Santa Cruz, and Monterey Counties.

For help with an appeal, click for the 6th District Court of Appeal's practices and procedures page.

Site Map | Careers | Contact Us | Accessibility | Public Access to Records | Terms of Use | Privacy