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 is an important one to understand when considering appellate proceedings in South Carolina. A petition for rehearing is a request to a higher court to reconsider a decision that had been previously made by a lower court based on new evidence or legal arguments. This type of petition is typically filed with the same court that handed down the ruling, and is meant to give the petitioner a chance to challenge a decision that is seen as being incorrect or unfair. A petition for certiorari, however, is a request to a higher court to review a decision made by a lower court when the petitioner believes the decision was based on an improper interpretation of the law or evidence. Certiorari petitions are typically filed with the Supreme Court or another higher court, and the Supreme Court has the final decision on whether or not to grant the petition. In conclusion, the main difference between a petition for rehearing and a petition for certiorari is that rehearings are typically filed with the same court that originally handed down the ruling, and the purpose of the rehearing is to give the petitioner a chance to challenge a decision based on new evidence or legal arguments. Certiorari petitions, on the other hand, are typically filed directly with a higher court when the petitioner believes the decision made by the lower court was not correct or was improperly based on the law or evidence.

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

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