§ 2-134. Rehearing provision.  


Latest version.
  • A party who meets the criteria set forth in this section may move for a new hearing on the matter. A motion for rehearing must be served within ten days after filing the special master's order. The time cannot be extended. A motion that is served within the ten-day period may be amended to allege new grounds with permission of the special master. The time for service of the motion is ten days after the filing of the special master's order. On his own initiative, the special master may order a rehearing within ten days after the entry of the special master's order or within the time for ruling on a timely motion for a rehearing made by a party. A timely motion by a party extends the time for the special master to act on its own initiative. After timely service of a motion, the time to file a notice of appeal runs from the date of rendition of the order on the motion, not from any special master's order that has been entered. If a notice of appeal is filed by the moving party before the motion for rehearing is heard, the motion is waived. The grounds for a motion for rehearing fall into one or more of the following categories:

    (1)

    Errors on the face of the record.

    (2)

    Errors committed during the public hearing.

    (3)

    Misconduct of the special master.

    (4)

    Misconduct of a party.

    (5)

    Misconduct of a third person.

    (6)

    Misconduct of a witness.

    (7)

    Newly discovered evidence.

    (8)

    The verdict is contrary to the evidence.

    (9)

    The verdict is contrary to law.

(Ord. No. 221, § 14, 6-11-90)