Florida Juvenile Procedure Rule 8.130
RULE 8.130. MOTION FOR REHEARING
(a) Basis. After the court has entered an order ruling on a
pretrial motion, an order of adjudication, or an order withholding
adjudication, any party may move for rehearing upon one or more
of the following grounds:
(1) That the court erred in the decision of any matter of
law arising during the hearing.
(2) That a party did not receive a fair and impartial
hearing.
(3) That any party required to be present at the hearing
was not present.
(4) That there exists new and material evidence which,
if introduced at the hearing, would probably have changed the
court’s decision and could not with reasonable diligence have been
discovered before and produced at the hearing.
(5) That the court is without jurisdiction of the
proceeding.
(6) That the judgment is contrary to the law and
evidence.
(b) Time and Method.
(1) A motion for rehearing may be made and ruled
upon immediately after the court announces its judgment but must
be made within 10 days of the entry of the order being challenged.
(2) If the motion is made in writing, it shall be served
as provided in these rules for service of other pleadings.
(3) A motion for rehearing shall toll the time for the
taking of an appeal.
(c) Court Action.
(1) If the motion for rehearing is granted the court may
vacate or modify the order or any part thereof and allow additional
proceedings as it deems just. It may enter a new judgment, and
may order or continue the child in detention pending further
proceedings.
(2) The court on its own initiative may vacate or modify
any order within the time limitation provided in subdivision (b).
Cases Citing Rule 8.130
Total Results: 26
373 So. 2d 418
District Court of Appeal of Florida | Filed: Jul 25, 1979 | Docket: 1772992
Cited 35 times | Published
Florida Rules of Juvenile Procedure are applicable, Rule 8.130(b)(2), Florida Rules of Juvenile Procedure provides
Category: Juvenile Procedure
470 So. 2d 1387, 10 Fla. L. Weekly 304
Supreme Court of Florida | Filed: Jun 6, 1985 | Docket: 1260786
Cited 9 times | Published
this argument is without merit because juvenile rule 8.130(b)(2) contains no such provision for a traverse
Category: Juvenile Procedure
589 So. 2d 818, 1991 WL 239342
Supreme Court of Florida | Filed: May 9, 1991 | Docket: 1730649
Cited 7 times | Published
prejudice.
F. MOTIONS AND SERVICE OF PLEADINGS
RULE 8.130(b) (o)085. PREHEARING MOTIONS AND SERVICE
(b)(a)
Category: Juvenile Procedure
26 So. 3d 552, 34 Fla. L. Weekly Supp. 671, 2009 Fla. LEXIS 2066, 2009 WL 4841088
Supreme Court of Florida | Filed: Dec 17, 2009 | Docket: 1116291
Cited 5 times | Published
served in secure detention before disposition.
Rule 8.130 (Motion for Rehearing), applicable in delinquency
Category: Juvenile Procedure
462 So. 2d 399, 10 Fla. L. Weekly 1
Supreme Court of Florida | Filed: Dec 28, 1984 | Docket: 1509954
Cited 5 times | Published
adjudication is withheld, or when a plan under Rule 8.130(a)(3) has been accepted, to the circuit court
Category: Juvenile Procedure
415 So. 2d 1353
District Court of Appeal of Florida | Filed: Jul 7, 1982 | Docket: 1512938
Cited 4 times | Published
also reserved the right to appeal this ruling.
Rule 8.130(a), Florida Rules of Juvenile Procedure provides
Category: Juvenile Procedure
379 So. 2d 979
District Court of Appeal of Florida | Filed: Jan 16, 1980 | Docket: 1681167
Cited 4 times | Published
adjudicating the child to be a delinquent child ..." Rule 8.130 Fla. R.Juv.P. provides that at any hearing after
Category: Juvenile Procedure
330 So. 2d 34, 1975 Fla. App. LEXIS 18744
District Court of Appeal of Florida | Filed: Mar 14, 1975 | Docket: 1798198
Cited 4 times | Published
delinquency proceedings, *35 and the necessity under Rule 8.130, Rules of Juvenile Procedure, for a court order
Category: Juvenile Procedure
102 So. 3d 451, 37 Fla. L. Weekly Supp. 638, 2012 Fla. LEXIS 2063, 2012 WL 4936363
Supreme Court of Florida | Filed: Oct 18, 2012 | Docket: 60226665
Cited 2 times | Published
[No Change]
G.RELIEF FROM ORDERS AND JUDGMENTS
RULE 8.130.-RULE 8.145. [No Change]
H.CONTEMPT
RULE 8.150
Category: Juvenile Procedure
717 So. 2d 128, 1998 WL 568331
District Court of Appeal of Florida | Filed: Sep 9, 1998 | Docket: 1681326
Cited 2 times | Published
was added to the Rules of Juvenile Procedure. Rule 8.130(b)(1) provides for a motion for rehearing to
Category: Juvenile Procedure
428 So. 2d 309, 1983 Fla. App. LEXIS 19305
District Court of Appeal of Florida | Filed: Mar 16, 1983 | Docket: 1374820
Cited 2 times | Published
LETTS, C.J., and DOWNEY, J., concur.
NOTES
[1] Rule 8.130(a)(1) provides:
(1) In delinquency cases the
Category: Juvenile Procedure
418 So. 2d 1004, 1982 Fla. LEXIS 2502
Supreme Court of Florida | Filed: Aug 31, 1982 | Docket: 64591891
Cited 1 times | Published
service of pleadings and papers as provided bv Rule 8.130(cl.
(fl The duties of lav guardians shall not
Category: Juvenile Procedure
717 So. 2d 128, 1998 Fla. App. LEXIS 11502
District Court of Appeal of Florida | Filed: Sep 9, 1998 | Docket: 64782641
Published
was added to the Rules of Juvenile Procedure. Rule 8.130(b)(1) provides for a motion for rehearing to
Category: Juvenile Procedure
590 So. 2d 48, 1991 Fla. App. LEXIS 13430, 1991 WL 272745
District Court of Appeal of Florida | Filed: Dec 24, 1991 | Docket: 64663517
Published
S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969); Rule 8.130(a)(1), Florida Rules of Juvenile Procedure; We
Category: Juvenile Procedure
530 So. 2d 920, 13 Fla. L. Weekly 506, 1988 Fla. LEXIS 1527, 1988 WL 90342
Supreme Court of Florida | Filed: Aug 25, 1988 | Docket: 64636905
Published
adjudication is withheld, or when a plan under Rule 8.130(a)(2) has been accepted, to the circuit court
Category: Juvenile Procedure
536 So. 2d 178, 1988 Fla. LEXIS 1480, 1988 WL 143330
Supreme Court of Florida | Filed: Aug 25, 1988 | Docket: 64639473
Published
adjudication is withheld, or-when-a-plan-under Rule 8,-130(a)(2) has- been-adopted, to the circuit court
Category: Juvenile Procedure
484 So. 2d 616, 11 Fla. L. Weekly 331, 1986 Fla. App. LEXIS 6182
District Court of Appeal of Florida | Filed: Feb 5, 1986 | Docket: 64617872
Published
Accordingly, we resume jurisdiction.
Pursuant to Rule 8.130(b)(3), Fla.R. Juv.P., defense counsel filed a
Category: Juvenile Procedure
470 So. 2d 1387, 10 Fla. L. Weekly 304, 1985 Fla. LEXIS 3460
Supreme Court of Florida | Filed: Jun 6, 1985 | Docket: 64612637
Published
this argument is without merit because juvenile rule 8.130(b)(2) contains no such provision for a traverse
Category: Juvenile Procedure
440 So. 2d 468, 1983 Fla. App. LEXIS 23566
District Court of Appeal of Florida | Filed: Nov 3, 1983 | Docket: 64600593
Published
Florida Rules of Juvenile Procedure are applicable, Rule 8.130(b)(2), Florida Rules of Juvenile Procedure provides
Category: Juvenile Procedure
409 So. 2d 1149, 1982 Fla. App. LEXIS 19270
District Court of Appeal of Florida | Filed: Feb 12, 1982 | Docket: 64587967
Published
adjudicating the child to be a delinquent child ...” Rule 8.130 Fla.R.Juv.P. provides that at any hearing after
Category: Juvenile Procedure
393 So. 2d 1077, 1980 Fla. LEXIS 4461
Supreme Court of Florida | Filed: Dec 24, 1980 | Docket: 64580377
Published
adjudication is withheld, or when a plan under Rule 8.130(a)(3) has been accepted, to the circuit court
Category: Juvenile Procedure
373 So. 2d 418, 1979 Fla. App. LEXIS 15219
District Court of Appeal of Florida | Filed: Jul 25, 1979 | Docket: 64571210
Published
Florida Rules of Juvenile Procedure are applicable, Rule 8.130(b)(2), Florida Rules of Juvenile Procedure provides
Category: Juvenile Procedure
369 So. 2d 660, 1979 Fla. App. LEXIS 14784
District Court of Appeal of Florida | Filed: Apr 11, 1979 | Docket: 64569618
Published
one prescribed by the statute.
*661Pursuant to Rule 8.130(a)(3), Florida Rules of Juvenile Procedure, appellant
Category: Juvenile Procedure
345 So. 2d 655, 1977 Fla. LEXIS 4095
Supreme Court of Florida | Filed: Mar 17, 1977 | Docket: 64558421
Published
adjudication is withheld, or when a plan under Rule 8.130(a)(3) has been accepted, to the circuit court
Category: Juvenile Procedure
310 So. 2d 751, 1975 Fla. App. LEXIS 14072
District Court of Appeal of Florida | Filed: Mar 7, 1975 | Docket: 64545566
Published
) and for proceedings in the Juvenile Court (Rule 8.130 R.J.P.)
9. The rule of judicial construction
Category: Juvenile Procedure
270 So. 2d 715, 1972 Fla. LEXIS 3176
Supreme Court of Florida | Filed: Dec 20, 1972 | Docket: 64529406
Published
Department of Health and Rehabilitative Services.
RULE 8.130. RECORD
A record of the testimony in all hearings
Category: Juvenile Procedure