La. Admin. Code tit. 22, § XV-1149 - Motion for Rehearing

A. Counsel should be familiar with the procedures available to request a rehearing including the time period for filing such a motion, the effect it has upon the time to file a notice of appeal, and the grounds that can be raised.

B. When the court has adjudicated the subject child(ren) a child in need of care or has ordered a termination of parental rights, counsel should consider whether it is appropriate to file a motion for rehearing with the trial court. In deciding whether to file such a motion, the factors counsel should consider include:

1. the likelihood of success of the motion, given the nature of the error or errors that can be raised; and

2. the effect that such a motion might have upon the respondent's appellate rights, including whether the filing of such a motion is necessary to, or will assist in, preserving the respondent's right to raise on appeal the issues that might be raised in the new trial motion.

Notes

La. Admin. Code tit. 22, § XV-1149

Promulgated by the Office of the Governor, Public Defender Board, LR 37:331 (January 2011).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:148.