The Law on Motions for Reconsideration in Alabama

Application

• According to Rule 40(a) of the Alabama Rules of Appellate Procedure, only the party that has not prevailed may apply for a rehearing. To apply for a rehearing, the defeated party must file an application with the court. As a rule, no second application for rehearing will be considered unless the court reversed or substantially modified its original decision responsive to the first application. In other words, if the court upholds its decision after a party applies for a rehearing, that party may not apply again for a rehearing.
  
  

Content

• The application for rehearing must state specifically the points of law or the facts that the applicant believes the court overlooked or misapprehended. Attached to the application must be a brief in support of application. The brief should more fully set forth the relevant facts and support of the law for reconsideration and include any other arguments that the applicant desires to present to the court. The brief must be filed on original submission; that is, the brief cannot be filed after the application has been filed.
  
  

Deadline and Filing

• The party must apply for a rehearing by submitting an application and brief in support within 14 days of the date of the decision being challenged. However, if the application is for a rehearing in a pretrial appeal by the state in a criminal case, the application and supporting brief must be filed within 7 days after the decision has been issued. The application must be filed with the clerk of the appropriate appellate court.
  
  

Brief in Opposition

• The party that prevailed in the original decision is not required to submit a brief in opposition to the application for rehearing. However, that party is entitled to file a brief in opposition. The brief in opposition must be filed within 14 days after the filing of the application for rehearing, or within 7 days in the case of a pretrial appeal by the state in a criminal case.