Legal Definitions - rehearing

A rehearing is a subsequent hearing of a case or a specific issue by the same court or administrative body that initially heard it. It is typically requested by one of the parties involved who believes there was a significant error, a crucial change in circumstances, or newly discovered evidence that warrants a fresh look at the decision. Unlike an appeal, which goes to a higher court, a rehearing asks the original decision-maker to reconsider its own ruling. However, rehearings are not granted simply to re-argue points that were already considered; there must be a compelling reason for the court or agency to revisit its decision.

Here are some examples illustrating when a rehearing might occur:

• Environmental Permit Dispute: An environmental agency approves a construction project after a public hearing. A local conservation group, which opposed the project, later discovers a previously unknown archaeological site within the proposed construction area. The group could then file a motion for a rehearing with the environmental agency, presenting this new evidence. They would argue that the agency's original decision should be reconsidered because the existence of the archaeological site was not known during the initial hearing and significantly changes the project's impact.

• Child Custody Modification: A family court issues a child custody order, granting primary custody to one parent. Six months later, the parent with secondary custody experiences a significant positive change in their life, such as securing a stable, high-paying job, purchasing a larger home in a good school district, and establishing a strong support network. This parent could request a rehearing from the family court, arguing that these changed circumstances warrant a reconsideration of the original custody arrangement, potentially leading to increased visitation or shared custody.

• Contract Interpretation Error: In a business dispute over a complex contract, a judge issues a ruling based on their interpretation of a specific clause. One of the parties believes the judge made a clear legal error in understanding the industry-specific terminology used in that clause, leading to an incorrect application of the law. This party could file a motion for a rehearing, asking the judge to reconsider their interpretation of the contract clause and the resulting judgment, pointing out the alleged legal misstep rather than simply re-arguing the facts.