What is the difference between a petition for rehearing and a petition for certiorari?
A petition for rehearing and a petition for certiorari are both appeals that occur in appellate law, but in Nebraska they are two separate cases. The petition for rehearing is a request to the court of appeals to look at a case again and possibly change their ruling. It is meant to give the appellant a chance to argue that their case was judged wrongly. The appellant will need to present evidence to the court of appeals that the decision of the lower court was wrong. The petition for certiorari, also known as a “cert petition”, is a writ filed in the Supreme Court of Nebraska. It asks the court to review a lower court decision and decide whether or not it was correctly made. The petitioner must provide the court with reasons for the review, which can include errors in the legal application in the lower court. This is a much more challenging petition for rehearing, as the Supreme Court only takes on cases that have a significant legal or public importance. In summary, the petition for rehearing is a request for the court of appeals to review a decision and potentially change it, while a petition for certiorari is a writ filed in the Supreme Court asking it to review a lower court decision and decide if it was correctly made.
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