What is the difference between a petition for rehearing and a petition for certiorari?
A petition for rehearing and a petition for certiorari are two distinct types of appeals in California appellate law. A petition for rehearing is a request that the court of appeals hear the case again in order to reconsider, or rehear, a ruling it has already given. A request for a rehearing must be accompanied by an explanation as to why the court should consider the case again. A petition for rehearing must be served within 15 days of the issuance of the original ruling and must be filed within 20 days of the ruling’s issuance. A petition for certiorari is a request that the Supreme Court of California review a ruling of the court of appeals. A petition for certiorari must be filed within 30 days of the issuance of the court of appeals’ ruling. Unlike a petition for rehearing, which must accompany an explanation as to why the court should consider the case again, a petition for certiorari must include legal arguments in support of the petitioner’s argument that the Supreme Court should review the court of appeals’ decision. So to summarize, a petition for rehearing is a request to the court of appeals to reconsider its ruling, while a petition for certiorari is a request to the Supreme Court of California to review the court of appeals’ ruling.
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