Also known as: rehearings · rehear · rehears · reheard · re-hearing
Written by attorneys · grounded in primary & secondary sources — see below
A post-judgment proceeding in which a court reconsiders its decision after a nonjury trial. The court may grant rehearing for any reason that historically justified such relief in equity, including newly discovered evidence or errors in factfinding. On granting rehearing the court may take additional testimony, amend findings, and enter a new judgment.
Rosalind Reed sued her former employer after a bench trial resulted in judgment against her on contract claims. Twenty days later she located internal emails showing the employer had altered performance records central to the court's findings. She moved for rehearing to present the emails and seek amended findings. The court opened the judgment, received the new testimony, and revised its conclusions in her favor.
Ryan Roberts lost a directed verdict in federal court and sought rehearing to introduce contradictory evidence on an affirmative defense. The trial court had denied his earlier motion to dismiss without allowing him to meet the defense. On rehearing the appellate court recognized that the denial deprived him of a jury trial right on a factual issue.
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Regina Robinson challenged an agency denial of disability benefits after an initial hearing. She requested rehearing to present additional medical evidence the agency had not considered. The reviewing court remanded the matter for rehearing so the agency could evaluate the new records under its statutory authority.
Ruby Rivera moved for rehearing after a Florida court denied her claim that Delaware lacked jurisdiction over trust assets. The beneficiaries argued on rehearing that full faith and credit required recognition of the Delaware decision. The court considered the new full-faith-and-credit argument but ultimately denied the motion.
Riverfront Developments sought rehearing after a panel upheld an ordinance restricting group homes. The company argued the panel had applied the wrong standard of review to the equal-protection challenge. The court denied rehearing en banc, leaving the panel decision in place.
Rina Rahman petitioned for rehearing after an appellate decision upheld a state marriage ban. She contended the panel had overlooked controlling precedent on fundamental rights. The court denied rehearing en banc, allowing the panel ruling to stand pending further review.
A motion for rehearing must be filed no later than twenty-eight days after entry of judgment. The deadline is strict and an untimely motion deprives the court of authority to grant relief under the rule.
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Rehearing is available for any reason that historically justified such relief in equity, including newly discovered evidence that could not have been found earlier with due diligence and that would likely change the outcome. Clear factual errors or mistaken credibility findings that undermine the judgment also qualify.
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The court may open the judgment, take additional testimony, amend or make new findings of fact and conclusions of law, and direct entry of a new judgment. It need not order a full retrial of every issue if targeted relief suffices.
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Yes. Equity traditionally requires the movant to show that the new evidence could not have been discovered earlier through reasonable diligence. Failure to meet this standard is a common ground for denial even when the evidence appears relevant.
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…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.…