What remedies are available for a party who loses an appeal?
In Nebraska, if a party loses an appeal, they have a few remedies available to them. First, they can file a motion for rehearing in the appellate court. This is a formal request for the court to reconsider its decision. The court may decide to hold a new hearing and examine the evidence again. Second, the party can file a “Petition for Certiorari” with the Nebraska Supreme Court. A Certiorari is a petition asking the Supreme Court to review the decision of the appellate court. If the court agrees to hear the case, they will review the decision and determine whether or not it should be overturned. Third, the party can seek to appeal the decision to the U.S. Supreme Court. This is known as a “Petition for Writ of Certiorari”. The U.S. Supreme Court can choose to hear the case and decide if the original decision should be overturned. Finally, the party can also choose to accept the decision of the appellate court and comply with its instructions. If this happens, then the court’s decision is final and cannot be overturned. These are the remedies available for a party who loses an appeal in Nebraska. It is important that parties understand their options and the consequences of each decision before they decide how to proceed.
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