Also known as: rehearing · rehearings · rehear · reheard
Written by attorneys · grounded in primary & secondary sources — see below
A post-trial proceeding in which a court reconsiders its decision after a nonjury trial. The court grants relief for any reason that historically justified a rehearing in an equity suit, including newly discovered evidence that could not have been found earlier with due diligence or clear factual errors that undermine the judgment.
Ryan Roberts lost a contract dispute after a nonjury trial when the judge credited the defendant's testimony on delivery dates. Twenty days after judgment, Ryan located archived emails showing the defendant had altered the dates. Ryan moved for rehearing. The court may grant the motion because the emails constitute newly discovered evidence that equity historically accepted as grounds for reopening the record and amending findings.
After a nonjury trial on a constitutional challenge, Renata Russo received an adverse ruling on standing. She promptly moved for rehearing and attached newly obtained affidavits showing concrete injury. The court may reopen the judgment and take additional testimony because the affidavits supply equitable grounds historically recognized for rehearing.
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Roberto Reyes lost a nonjury trial challenging a state advertising restriction. Within the filing window he discovered internal agency memos contradicting the court's factual findings on consumer deception. Roberto moved for rehearing. The court may grant relief because the memos meet the traditional equitable standard for rehearing after a bench trial.
Regina Robinson prevailed at a nonjury trial in a diversity case. The losing party moved for rehearing on the basis of newly discovered documents showing the claim was time-barred. The court may consider the motion because the documents supply an equitable ground historically sufficient for rehearing.
Redwood Bank lost a nonjury trial seeking to enjoin publication. It moved for rehearing after locating internal government memoranda showing the restraint lacked justification. The court may grant the motion because the memoranda constitute newly discovered evidence that equity traditionally accepted as a basis for rehearing.
Raven Logistics lost a nonjury trial when the court found insufficient contacts. It moved for rehearing after discovering affidavits proving the defendant had directed activities into the forum. The court may reopen the judgment because the affidavits provide an equitable ground historically recognized for rehearing.
After a nonjury trial the court may grant a new trial or rehearing for any reason that historically justified rehearing in an equity suit. This includes newly discovered evidence that could not have been found earlier with due diligence and clear factual errors that undermine the judgment.
A motion for a new trial or rehearing must be filed no later than 28 days after entry of judgment. Filing outside this window deprives the court of authority to grant relief under the rule.
Newly discovered evidence supports rehearing only if it could not have been found earlier with reasonable diligence and would likely produce a different result. Evidence that was always in the moving party's files fails the diligence requirement.
Yes. After a nonjury trial the court may open the judgment, take additional testimony, amend findings of fact and conclusions of law, and direct entry of a new judgment when equitable grounds for rehearing are shown.
…v. Snyder , 772 F. 3d 388 (CA6 2014) Latta v. Otter , 779 F. 3d 902 (CA9 2015) (O’Scannlain, J., dissenting from the denial of rehearing en banc) United States District Court Decisions Adams v. Howerton , 486 F. Supp. 1119 (CD Cal. 1980) Citizens for Equal Protection, Inc. v. Bruning , 290 F. Supp. 2d 1004 (Neb.…