W. J. Byrnes & Co. v. United States

Watson, Judge:

I believe a short memorandum to accompany this order is desirable to clarify the use and abuse of the motion for rehearing.

A rehearing may be proper when there has been some error or irregularity in the trial, a serious evidentiary ñaw, a discovery of important new evidence which was not available, even to the diligent party, at the time of trial, or an occurrence at trial in the nature of an accident or unpredictable surprise or unavoidable mistake which severely impaired a party’s ability to adequately present its case. In short, a rehearing is a method of rectifying a…