Rehearing

What rehearing means

Put simply, rehearing is part of the working vocabulary of a civil case. The short definition above covers the usual meaning. Still, a specific rule, statute or contract can give it a narrower meaning. For that reason, check how it is used in your own documents.

Where rehearing comes up

For example, the term appears in these procedures:

• Petition for Rehearing or Rehearing En Banc (Fed. R. App. P. 40): a request that the court of appeals reconsider its decision, either by the same panel or by all the active judges sitting en banc. Under Rule 40 as amended in 2024, panel rehearing is the ordinary way to reconsider a panel decision, and rehearing en banc is not favored. En banc rehearing ordinarily will be allowed only if one of the criteria in Rule 40(b)(2) is met, such as a conflict with Supreme Court or circuit precedent or a question of exceptional importance.

Read the source: En banc.

How to research the term

Start with the primary source. For example, if rehearing appears in a federal rule, read the rule itself and its official notes. After that, check your court’s local rules and any standing orders from the judge. In addition, search recent decisions from your own state or federal district. They show how courts read rehearing in practice. Because state rules often differ, our state procedures guide links to each state’s official rules. Above all, make sure the version you read is still in force.

You can read the official rule text online for free.

Related legal terms

• En banc: french for "on the bench." A case heard by all the active judges of a court of appeals rather than by a panel of three.
• Mandate: the formal order an appellate court sends to the lower court telling it the appeal has been decided and directing further action. In the federal courts of appeals, Federal Rule of Appellate Procedure 41 governs when the mandate issues.
• Recusal: a judge's withdrawal from a case because of a conflict of interest or because the judge's impartiality might reasonably be questioned. In federal court, 28 U.S.C. § 455 sets out when a judge must step aside, and a party can ask for it by motion.
• Recuse: to step aside from hearing a case. A judge recuses when there is a conflict of interest or other reason the judge should not decide the matter. A party asks a judge to recuse by filing a motion for recusal.

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.