What is the difference between a petition for rehearing and a petition for certiorari?

The difference between a petition for rehearing and a petition for certiorari in Delaware appellate law is that a rehearing is an opportunity to present new arguments or evidence in a case that has already gone through the appellate process. A petition for a rehearing can be presented to the court that initially decided the case in order to review its earlier decision. A petition for certiorari, on the other hand, is a request to the Delaware Supreme Court to review the decision made by a lower court, such as the Superior Court or the Court of Chancery. Certiorari is a Latin term meaning “to certify” or “to be informed.” It is commonly used when the Supreme Court is asked to review a case for errors made by a lower court or when a party believes that a lower court’s decision exceeded its jurisdiction. The Supreme Court may not grant a petition for certiorari if it believes that the lower court’s decision was just but it will typically grant a petition for a rehearing if it believes that new arguments or evidence can provide a more just decision.

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