What is the process for filing a petition for rehearing?

In Maine, a petition for rehearing is the first step to appealing a decision by the state’s highest court. The process begins with the filing of a petition for rehearing. The party filing the petition must provide the court with specific information about why they believe the decision was wrong. This includes a statement of error, which outlines the legal basis for the appeal. To begin, a party must draft a petition for rehearing and submit it to the Maine Supreme Judicial Court. The petition must explain why the party believes the court’s previous decision was incorrect and provide any relevant case law or statutes that support the opposing argument. The petition must be signed by either the appellant or their legal counsel. The next step in the process is to file a notice of petition with the court clerk. The notice must include all parties involved in the case, as well as the date and a brief description of the petition. After the notice is filed, it must be served to all parties involved in the case. Once the petition and notice are filed, the court will review the petition. If the court agrees to consider the petition, it will issue a “rule to show cause” to the parties involved. This document sets out deadlines for both the appellant and the appellee to present arguments and briefs in the case. If the court grants the petition, the decision of the lower court will be reversed or modified.

Related FAQs

How do I appeal a court decision?
Are there any deadlines or limitations periods for filing an appeal?
What happens after a decision is rendered by an appellate court?
What happens if I lose my appeal?
How does an appellate court decide a case?
What is the appellate court’s scope of review for a trial court’s decision to grant or deny a motion to suppress evidence?
What is the difference between a petition for rehearing and a petition for certiorari?
What is the difference between a discretionary and a non-discretionary appeal?
How do I obtain a copy of the appellate court’s opinion?
How can I present my arguments to an appellate court?

Related Blog Posts

Important Tips for Effective Appellate Law Representation - July 31, 2023
Inside the Appellate Courtroom: A Guide to Appellate Law Litigation - August 7, 2023
An Overview of Appellate Court Proceedings - August 14, 2023
Challenges of Appellate Law for Attorneys - August 21, 2023
Key Points Every Lawyer Needs to Know About Appellate Law - August 28, 2023