Legal Definitions - rehearing

A rehearing is a subsequent hearing that a court or administrative agency may conduct based on the motion or appeal of one of the parties involved in a lawsuit, petition, or criminal prosecution. It is usually requested due to newly discovered evidence, an unintended result of the original order, a change of circumstance, or a claim that the judge or agency made an error in their orders from the original hearing.

For example, if a person is convicted of a crime and later discovers evidence that was not presented at the trial, they may request a rehearing to present this new evidence. Another example is if a judge issues an order that unintentionally harms one of the parties, that party may request a rehearing to correct the mistake.

However, courts limit the granting of rehearings. In federal court, the granting of a rehearing is governed by Federal Rule of Civil Procedure Rule 59. This rule is not a vehicle for relitigating old issues, presenting the case under new theories, securing a rehearing on the merits, or otherwise taking a "second bite at the apple."