Rehearing Law and Legal Definition

Rehearing refers to conducting a hearing anew, based on the motion of one of the parties to a lawsuit, petition or criminal prosecution. The original court or agency which heard the matter usually conducts the rehearing. Rehearings are usually requested due to the following reasons:

1. Irregularity in the proceedings or any order or abuse of discretion, which deprived a party of a fair hearing;

2. Misconduct by the hearing officer, judge, or the prevailing party;

3. Accident or surprise which could not have been prevented by ordinary prudence;

4. Newly discovered material evidence which could not with reasonable diligence have been discovered and produced at the original hearing;

5. Excessive or insufficient penalties;

6. Error in the admission or rejection of evidence or other errors of law occurring during the proceeding;

7. That the findings of fact or decision is arbitrary, capricious, or an abuse of discretion;

8. That the findings of fact or decision is not supported by the evidence or is contrary to law.