Categories: Court Info

Mastering the Motion for Rehearing in Appellate Law

Q: What is the main difference between a motion for rehearing and an appeal?

An appeal challenges a decision from a lower court to a higher court. A motion for rehearing is a request to the same appellate court to reconsider its own recent decision based on an overlooked or misapprehended point.

Q: Is an answer to a petition for rehearing required?

No answer is permitted unless the court specifically requests one. A rehearing is rarely granted without the court first requesting a response from the opposing party.

Meta Description: Understand the stringent legal standards, deadlines, and procedural requirements for filing a motion or petition for rehearing in US appellate courts, including the Federal Circuit and state-level processes.

For a party who has received an unfavorable appellate decision, the road ahead can seem closed. However, the legal system provides a final, highly scrutinized opportunity to seek reconsideration of a court’s ruling: the motion or petition for rehearing. This procedural mechanism is not a second bite at the apple, but rather a sharp, precise tool designed to address specific, critical errors in a court’s opinion.

Understanding the strict standards, demanding deadlines, and the nature of panel versus en banc review is essential. A poorly drafted petition for rehearing is a mere repetition of old arguments; a successful one pinpoints the court’s exact misapprehension of law or fact.

The Core Standards for Rehearing

A motion for rehearing is a request for a reviewing court to reconsider the case and correct any mistakes in its opinion. It is critical to understand that the purpose is not to relitigate the case or present new issues that were not previously raised in the briefs. Courts, particularly at the federal appellate level, grant few petitions for rehearing.

Key Grounds for a Petition

While rules vary by jurisdiction (e.g., state versus federal), a motion for rehearing typically must state with particularity the points of law or fact that the court has overlooked or misapprehended in its decision.

A material factual error or omission was made in the decision.
A significant legal argument or issue mentioned in the briefs was not considered.
The opinion conflicts with a decision from the U.S. Supreme Court, the circuit court, or another court of appeals, and the conflict was not addressed.
A critical change in the law occurred after the case was submitted.

The Strict Clock: Timing is Everything

The deadline to file a petition for rehearing is exceptionally strict and jurisdictional, meaning missing the deadline can permanently waive the right to further review.

Jurisdiction	Typical Deadline for Petition
Federal Court of Appeals (General)	14 days after entry of judgment
Federal Court of Appeals (US Party, Civil Case)	45 days after entry of judgment
US Supreme Court	25 days after entry of judgment or decision
California Court of Appeal	15 days after the decision is filed
Florida Appellate Court	15 days of an order or decision

Professional Tip:

The filing of a petition for rehearing typically stays the mandate of the court’s decision, offering a temporary reprieve, but this must be confirmed by consulting the specific court’s rules.

Panel vs. En Banc: A Key Distinction

When seeking reconsideration in a Federal Court of Appeals, a party can request two distinct types of review:

Panel Rehearing: This is a request for the original three-judge panel that issued the decision to reconsider its opinion. If granted, the original judgment is vacated, and the case will be reheard by the same panel.
Rehearing En Banc: This is a request for the full court of appeals (or a large portion of its active judges) to reconsider the case. This is granted only in extraordinary circumstances, typically to secure uniformity of decisions within the circuit (to resolve an intra-circuit conflict) or because the case involves a question of exceptional importance.

A party seeking both forms of rehearing must often file them as a single, combined document.

Case Law Principle on Purpose

“It is well-settled that [the rule governing rehearings] 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.'”. This principle underscores that the motion’s function is corrective, not argumentative.

Summary of Appellate Rehearing Procedure

The petition for rehearing is a high-stakes, specialized procedure. Success depends entirely on identifying the court’s specific oversight, rather than re-arguing the merits.

Strict Time Limit: File the motion within the court’s mandated, often non-extendable, deadline (e.g., 14 days for federal appeals or 15 days for many state appeals).
Specific Grounds: Articulate with particularity the points of law or fact that the court overlooked or misapprehended.
Do Not Re-argue: Do not repeat information discussed in prior briefs or attempt to introduce new issues.
Panel vs. En Banc: Differentiate between seeking review by the original three-judge panel (panel rehearing) and the full court (en banc rehearing), with the latter being reserved for issues of exceptional importance or circuit conflict.
Effect: If granted, the court vacates its original decision and re-opens the case for a new decision.

Rehearing Petition: Quick Guide

Purpose: Ask the appellate court to correct a material mistake of fact or law in its recent opinion.

Key Hurdle: Extremely short, non-negotiable filing deadlines.

Outcome: Rarely granted, but if successful, the original decision is vacated and a new decision is issued.

Frequently Asked Questions (FAQ)

Q: What is the main difference between a motion for rehearing and an appeal?

A: An appeal challenges a decision from a lower court (e.g., trial court) to a higher court (e.g., Court of Appeals). A motion for rehearing is a request to the same court (the appellate court) to reconsider its own recent decision based on an overlooked or misapprehended point.

Q: Is an answer to a petition for rehearing required?

A: In many jurisdictions, no answer is permitted unless the court requests one. The court will typically not grant the rehearing without first requesting a response from the opposing party.

Q: What happens if a petition for rehearing is granted?

A: The original decision and any opinion filed are vacated. The case is set “at large,” meaning the court will then issue a new decision after reconsidering the appeal, sometimes with new argument or briefing.

Q: Can a party file a petition for rehearing en banc?

A: Yes, in federal courts of appeals, a party may petition for a rehearing by the entire active court (en banc). This is a separate, highly discretionary request usually reserved for resolving conflicts within the circuit or addressing questions of exceptional public importance.

AI-Generated Content Disclaimer: This article provides general legal information and should not be considered legal advice. The procedures and deadlines discussed are based on US federal and select state rules (such as Federal Rules of Appellate Procedure 40 and state rules from California and Florida) and are subject to change. Consult with a qualified Legal Expert regarding your specific case, as time limits and requirements are jurisdictional and strict.

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