MOTION FOR REHEARING

(a) Basis. After the court has entered an order, any party may move for rehearing on one or more of the following grounds:

(1) the court erred in the decision of any matter of law arising during the hearing;

(2) a party did not receive a fair and impartial hearing;

(3) any party required to be present at the hearing was not present;

(4) 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) the court is without jurisdiction of the proceeding;

(6) the judgment is contrary to the law and evidence; or

(7) the trial court failed to make required findings of fact in the final order.

(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 rendition of the order.

(2) If the motion is made in writing, it must be served as provided in these rules for service of other pleadings.

(3) A motion for rehearing does not toll the time for the taking of an appeal. The court must rule on the motion for rehearing within 10 days of filing or it is deemed denied.

(4) To preserve for appeal a challenge to the failure of the trial court to make required findings of fact in the final order, a party must raise that issue in a motion for rehearing under this rule.

(c) Court Action.

(1) A rehearing may be granted to all or any of the parties on all or any part of the issues. All orders granting a rehearing must state the specific issues to be reheard and provide for a date and time for the rehearing.

(2) If the motion for rehearing is granted, the court may vacate or modify the order or any part of it and allow additional proceedings as it deems just. It may enter a new judgment, and may order or continue the child in a shelter or out-of-home placement pending further proceedings.

(3) The court on its own initiative may vacate or modify any order within the time limitation provided in subdivision (b).