Also known as: reargue · reargues · reargued · rearguing · re-argument · rehearing
Written by attorneys · grounded in primary & secondary sources — see below
Additional arguments presented to a court that has already heard initial arguments in a case, typically to address specific questions posed by the court or principles that may have been overlooked.
After a bench trial, PixelTrack LLC discovered internal emails showing that Nimbus Cloud Corp's key witness had misstated performance metrics. PixelTrack moved for relief and requested that the court permit reargument focused on the new materials so the judge could reassess credibility findings.
After initial briefing in a challenge to a state land-use ordinance, a justice concluded that Employment Division v. Smith warranted fresh consideration. The Court directed the parties to submit supplemental briefs and appear for reargument on whether Smith correctly interpreted the Free Exercise Clause.
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Following the first round of arguments on whether segregated schools violated equal protection, the Court asked the parties to address the intent of the Fourteenth Amendment's framers. It scheduled reargument to explore historical evidence and state practices at the time of ratification.
After the initial presentation on Texas's criminal abortion statute, the Court sought further argument on whether a fetus qualifies as a person under the Fourteenth Amendment. It ordered reargument to examine that question and the scope of state regulatory interests.
After the first argument on whether state or federal law governed the availability of a jury trial in a diversity case, the Court directed reargument to consider the historical practice in federal equity suits and the implications for the Rules of Decision Act.
Following initial briefing on a utility's challenge to a state ban on promotional advertising, the Court requested reargument to develop a framework for evaluating restrictions on truthful commercial speech under the First Amendment.
Reargument involves presenting additional arguments on specific issues after the court has already heard the case, while a rehearing typically seeks to reopen the entire matter on newly discovered evidence or errors. The dictionary entry notes that reargument often focuses on overlooked controlling principles.
The Court orders reargument when it needs further exploration of historical intent, doctrinal questions, or specific legal principles, as seen in cases addressing the Fourteenth Amendment or First Amendment standards.
Rule 59(a)(1)(B) allows a court to grant a new trial after a nonjury trial for reasons historically supporting rehearings in equity, which can include reopening for additional argument on newly discovered evidence affecting findings.
…for the fetus' right to life would then be guaranteed specifically by the Amendment. The appellant conceded as much on reargument. On the other hand, the appellee conceded on reargument that no case could be cited that holds that a fetus is a person within the meaning of the Fourteenth Amendment. The Constitution…