Petition For Rehearing

“What is the purpose of asking the Court of Appeals to look again at a case it just decided and decide it differently?”

A Petition for Rehearing is a brief filed with the Indiana Court of Appeals asking it to redecide some or all of the issues of the case they just handed down or decided. A Petition for Rehearing may be taken from a “Memorandum Decision” or one that is “For Publication.” The Petition for Rehearing does not require a filing fee and must be filed within 30 days of the decision it seeks to have reheard.

In the past, some litigants apparently filed a Petition for Rehearing to afford them more time to file a Petition to Transfer with the Indiana Supreme Court. Until a recent rule change, you had 30 days to file a Petition for Rehearing or Petition to Transfer with the Indiana Supreme Court. Now, however, a party has 45 days to file a Petition to Transfer with the Indiana Supreme Court if he/she/it does not seek rehearing, so this may reduce the number of Petitions for Rehearing that are filed.

Because the use of a Petition for Rehearing is so limited, no brief in response to a Petition for Rehearing is required unless requested by the Court. Further, reply briefs are prohibited. It may seem obvious, but with a three-judge panel just deciding a case, it is very unlikely that the same judges on the Court of Appeals of Indiana would grant rehearing and decide the case differently. However, to ensure due process rights are protected, rehearing is granted in the right circumstance. For 2018, the Court of Appeals of Indiana granted 16 Petitions for Rehearing with Opinions.

This reflects that if there is a change in the law, mistake, or otherwise the Court of Appeals of Indiana can and will grant rehearing when justice demands it. Ultimately, there are many appellate tools available to handle the unique facts and laws that intersect with every case. Dixon & Moseley, P.C., advocates have sought and been granted rehearing in the past. The firm’s attorneys know every case is unique and endeavor to bring the right legal tools to every case they handle to maximize the chances of reaching a client’s objectives.