What is the difference between a petition for rehearing and a petition for certiorari?
When someone is appealing a legal decision, there are two types of petitions they can file: a petition for rehearing and a petition for certiorari. In Texas, a petition for rehearing is a request for the same court that originally heard the case to rehear the arguments and revisit the decision. This is typically done when a party believes the original court made a mistake or overlooked an important argument. A petition for certiorari is a more formal request for a higher court to review the decision of a lower court. This type of petition typically comes after all appeals have been exhausted in the lower court. The petition for certiorari must demonstrate that the lower court erred in its decision and the higher court should review the decision and potentially reverse it. Both types of petitions must be answered quickly by the court as there are strict timelines in place for such petitions. Depending on the type of petition, the court may have to take immediate action or the petitioner may have to wait for weeks or months before a decision is made.
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