What is the procedure for filing a petition for rehearing en banc?
Filing a petition for rehearing en banc in Georgia is a process that can be initiated when a court of appeals has issued a ruling on a case. In these cases, a party may file a petition for rehearing en banc, asking the court of appeals to reconsider the ruling with all the judges of the court present. The first step in filing a petition for rehearing en banc in Georgia is to prepare the petition. This petition should explain why the appellant believes the court’s decision is incorrect and why the case should be reheard. The petition should also include a statement of the facts as it relates to the case and cite any cases that are relevant to the issue at hand. Once the petition is prepared, it must be filed with the court of appeals. It should be noted that filing a petition for rehearing en banc is not guaranteed to result in the court rehearing the case. A petition must be accepted by the court before a rehearing can take place. Once the petition is filed, the court of appeals will review it to determine if it should be accepted. If the court accepts the petition, then a rehearing will be scheduled and the parties will be notified of the date and time. During this rehearing, the court of appeals will consider the arguments presented in the petition and decide if the original ruling should be reversed or altered. In order to file a petition for rehearing en banc in Georgia, it is important to be familiar with the appellate law associated with the jurisdiction. Knowing the rules and procedures in Georgia can help ensure the petition is filed correctly and accepted by the court of appeals.
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