Appellate Practice
Petition for Rehearing
A request asking the appellate panel or full court to reconsider an appellate decision.
Governing rule: Fed. R. App. P. 35, 40
Plain-English definition
A petition for rehearing asks the appellate court to take another look. It is not a chance to simply reargue the case. Effective petitions identify overlooked law, misunderstood facts, conflicts, or issues of exceptional importance.
How it works
Panel rehearing goes back to the original panel. Rehearing en banc asks the full active court, or a larger subset, to rehear the matter.
Why it matters
Rehearing is rarely granted, but in major cases it can correct a consequential error before Supreme Court review is sought.
Related terms
More in Appellate Practice
Abuse of Discretion
A deferential appellate standard used when reviewing many trial-management and discretionary decisions.
Affirm
An appellate court's confirmation that the lower court's decision was correct and should stand.
Amicus Curiae
Latin: 'friend of the court.' A non-party who files a brief offering perspective or expertise on a legal question before the court.
Certiorari
A discretionary appellate review, especially the U.S. Supreme Court's review of decisions from lower courts.
Clear Error
A deferential standard for reviewing factual findings, reversed only when the appellate court is firmly convinced a mistake was made.
De Novo Review
An appellate standard where the reviewing court gives no deference to the lower court’s legal conclusion.
Dictum
A statement in a court opinion that is not necessary to the holding and therefore not binding precedent.
En Banc
French: 'on the bench.' A hearing or rehearing before all the judges of an appellate court rather than the usual three-judge panel.
Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.