The biggest issues in rehearings in full typically involve evidentiary considerations and witness location.
Another twist common in rehearings is that Military Rule of Evidence (MRE) 804(b)(1) allows the admission of prior testimony given "as a witness at another hearing of the same or different proceeding ...
Common Issues with the Complaining Witness in Rehearings in Full
To briefly outline the organization of what follows: Part II explains why the moment of finality matters so much in our system and how the possibility of rehearing affects the cluster of values surrounding finality.
FINALITY AND REHEARING: THE STAKES, THE GOVERNING LAW, AND THE RELEVANT VALUES
Except, that is, when the Court decides to grant rehearing. (23) The grant of rehearing can, accordingly, move a litigant from one category to the other.
At this point, it is worth noting that only one motion for rehearing is permitted.
* Contents of the Motion--Rule 9.330 sets forth the necessary contents for a rehearing motion as follows: "A motion for rehearing shall state with particularity the points of law or fact that, in the opinion of the movant, the court has overlooked or misapprehended in its decision, and shall not present issues not previously raised in the proceeding." (6) Thus, the motion must state the particular factual or legal basis for the rehearing.
* Grounds for the Motion--The required contents of a rehearing motion are directly related to the available grounds for the motion.
Numerous decisions echo Rule 9.330(a)'s prohibition against rearguing the merits of the appeal.(25) The Fourth District has fined a party and its counsel for filing a motion for rehearing that reargued the merits of a case the court had per curiam affirmed.(26)
Case law precludes a party from raising a new point, position, fact, or supporting authority in a petition for rehearing that it omitted from the brief.(27)
If a party cannot reargue what it argued before, and cannot raise a point it did not argue, not much is left for a proper petition for rehearing.(28) Experienced counsel should be able to evaluate when a rehearing might be appropriate under these parameters, and know how to formulate one.