Define: Reargument

Reargument
Reargument
Quick Summary of Reargument

A reargument occurs when someone presents additional arguments to a court, typically an appellate court, following the initial arguments. These additional arguments aim to highlight any overlooked legal principles. It should be noted that reargument is distinct from a rehearing. For instance, after the initial arguments were heard, the lawyer requested a reargument to introduce new evidence that could potentially alter the case’s outcome.

Full Definition Of Reargument

Reargument refers to the act of introducing supplementary arguments to a court, typically an appellate court, following the initial presentation of arguments. These additional arguments may indicate that a crucial legal principle has been disregarded. It should be distinguished from a rehearing, which entails a fresh hearing of a case. For instance, if a party involved in a court case believes that the court failed to consider a significant legal principle in its initial ruling, they may seek a reargument to present additional arguments and evidence in support of their stance. The verb form of reargument is “reargue.”

Reargument FAQ'S

Reargument refers to a legal process where parties in a case are given the opportunity to present their arguments again before a court or tribunal.

Reargument can be requested after a court has issued a decision or ruling, but before it becomes final. It is typically done to address any errors or omissions in the original arguments.

Either party involved in the case can request reargument. However, it is important to note that not all courts or jurisdictions allow reargument, so it is advisable to consult local rules and procedures.

The purpose of reargument is to allow parties to present additional or clarifying arguments to the court, addressing any issues or concerns that may have been overlooked during the initial proceedings.

Reargument occurs within the same court or tribunal that issued the original decision, while an appeal involves taking the case to a higher court. Reargument is typically a more informal process and is focused on addressing specific issues within the original decision.

Generally, reargument does not allow for the introduction of new evidence. It is primarily focused on reevaluating the existing arguments and legal principles applied in the original decision.

To initiate reargument, a party must file a motion or request with the court, outlining the specific issues they wish to address and providing supporting arguments or legal authorities.

No, reargument does not guarantee a change in the original decision. The court will carefully consider the arguments presented during reargument, but ultimately, the decision to modify or uphold the original ruling rests with the court.

Yes, there are usually specific time limitations for requesting reargument. These time limits vary depending on the jurisdiction and the type of case, so it is crucial to consult the applicable rules and procedures.

Yes, both parties involved in the case have the right to request reargument. However, it is important to note that the court has the discretion to grant or deny the request based on the merits of the arguments presented.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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