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In Law, What Is a Rehearing?

A rehearing is the conduct of a new hearing by the same court that first heard the case. Also known as a retrial or a new hearing, the process is not always granted but is done only in special situations.

In order for a rehearing to be scheduled, the litigant must first provide a good cause. A petition for rehearing may then be filed by either of the parties involved.

The initial step that needs to be taken before filing a petition for rehearing is to review the opinion or decision of the original hearing. Prompt review of the opinion by the legal counsel is vital so that a need to file for a petition for rehearing will immediately be determined. Normally, the timeframe allowed for the filing of a rehearing petition is from 10 to 15 days depending on the state where the case was originally heard.

Valid grounds considered for granting a rehearing include newly discovered evidence not presented during the original hearing, misconduct of the Registrar of Contractors or its hearing officer, irregularity in the administrative proceedings of the agency or its hearing officer or the prevailing party that resulted in a biased hearing, lack of or excessive penalties, error in the admission or rejection of evidence and unfair court decision.

Judges today are very careful in reviewing petitions for rehearing. The reason is that people may only use the petition in an abusive manner.

What happens during a rehearing is similar to a new hearing. The original case and the decision made are no longer considered as the trial takes on a new phase.

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