What is the procedure for filing a petition for rehearing en banc?

In Alaska, the procedure for filing a petition for rehearing en banc is slightly different than other states. Appellate law in Alaska is governed by the Alaska Appellate Rules. A petition for rehearing en banc must be filed with the Clerk of the appellate court. The petition should include any parties and their attorneys that are involved in the case, an argument for why the court should grant the petition, and any legal or factual support for the argument. Once the petition is received by the Clerk, the court must decide whether to grant or deny the petition. If the court grants the petition, an order to re-hear the case en banc will be issued. The order will state the time and place for oral arguments and the parties that will be allowed to present their arguments. When the hearing takes place, each side will be allowed to make a presentation to the court. After both sides have presented their argument, the Court will decide whether to uphold or overturn the previous decision. If the court reverses the lower court’s decision, then a new ruling will be issued. The new ruling will be the final ruling in the case and cannot be appealed. If the court denies the petition for rehearing en banc, then the original ruling stands. The parties can still appeal the ruling to the Supreme Court of Alaska, but it is much more difficult to win an appeal to the highest court.

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