Legal Definitions - REH'G

REH'G is an abbreviation for Rehearing.

A rehearing is a request made to a court or administrative body to reconsider its own decision in a case it has already heard and ruled upon. It is not an appeal to a higher court, but rather an application for the same court or body to review its previous judgment. Parties typically seek a rehearing when they believe the court or agency overlooked a crucial fact, misapplied the law, or made a clear error in its initial ruling, and they want the original decision-maker to correct that error before they consider appealing to a higher authority.

• Scenario 1: Appellate Court Decision
  After a state appellate court issued a ruling that reversed a lower court's decision, one of the parties believed the appellate court had misinterpreted a key statute and overlooked a binding precedent that should have guided its judgment.
  Explanation: This party would file a petition for rehearing with the *same* appellate court, asking it to reconsider its recent judgment based on the alleged misinterpretation and overlooked precedent. They are asking the court to review its own work.
• Scenario 2: Administrative Agency Ruling
  An environmental protection agency, after conducting a formal hearing, issued a final order denying a construction company a permit for a new development. The company argued that the agency's decision was based on an incorrect understanding of the scientific evidence presented during the hearing and that the agency failed to consider certain expert testimony adequately.
  Explanation: The construction company could file a request for rehearing with the *administrative agency itself*, asking it to review its decision and the evidence, rather than immediately appealing the agency's decision to a judicial court.
• Scenario 3: Trial Court Motion
  A trial court issued an order denying a defendant's motion to dismiss a lawsuit. The defendant's legal team subsequently discovered a newly published case from a higher court that directly supported their argument for dismissal, which was not available at the time of the original motion.
  Explanation: The defendant could file a motion for rehearing with the *trial court*, asking it to reconsider its denial of the motion to dismiss in light of the new, relevant legal precedent. This allows the trial court to correct its own ruling if it agrees the new information changes the legal landscape.