Also known as: reopens · reopened · reopening · REOP · reopening of proceedings
Written by attorneys · grounded in primary & secondary sources — see below
To review an otherwise final decision or proceeding for the purpose of possibly granting or modifying relief. The action occurs only in highly unusual circumstances such as newly discovered evidence, fraud, or other grounds specified by rule or statute.
Ravi Reddy was convicted in state court and his appeals were exhausted. The President issued a memorandum directing state courts to reopen the case on the basis of an unratified treaty provision. The court refused to reopen because no implementing legislation authorized such action.
Renee Rogers obtained a divorce decree awarding her monthly maintenance. Two years later her former spouse moved to reduce the award after losing his job. The court considered reopening the decree only as to future installments upon proof of substantially changed circumstances rendering the original terms unconscionable.
Select any source to read its text and confirm it supports the definition.
Riverside Healthcare won a final federal judgment dismissing a class action. Congress then passed a statute directing courts to reopen all such closed cases and recalculate damages. The court held that the statute could not compel reopening of final judgments.
Roberto Reyes was investigated for conduct that occurred years earlier. After the statute of limitations had expired, the legislature extended the period and the prosecutor sought to reopen the matter. The court ruled that the extension violated the Ex Post Facto Clause.
Rosalind Reed challenged a minimum-wage order issued by the state commission. The commission had authority to reopen the order and reconsider the wage amount with input from a new conference of employers and employees.
Riverstone Manufacturing sought to introduce new evidence on energy conservation after the record had closed. The agency declined to reopen the licensing proceeding because the evidence did not meet the threshold for reasonable availability and proof.
A court reopens a final judgment only upon a showing of grounds such as newly discovered evidence, fraud, or other specified circumstances under the governing rule. The motion must be made within the time limits provided, typically one year for certain grounds.
Congress may not require federal courts to reopen cases in which final judgments have already been entered. Such legislation interferes with the conclusive exercise of judicial power.
A court may revoke or modify a property disposition only upon finding conditions that justify reopening the judgment under state law. Maintenance or support provisions may be modified only as to future installments upon a showing of substantially changed circumstances.
…a Resolution that vetoed the suspension, and ordered the Immigration Judge to resume the deportation proceedings. The Judge reopened the proceedings, and Chadha moved to terminate them on the ground that the House Resolution was constitutionally invalid. The Judge held that he had no authority to declare the Act…