What is the procedure for filing a petition for rehearing en banc?
The procedure for filing a petition for rehearing en banc in Montana varies depending on the court from which the ruling has originated. Generally, the petition must be filed within fourteen days of the original ruling being handed down. If the ruling has come from the Montana Supreme Court or the Montana Court of Appeals, the petitioner must file a petition with the Clerk of the Court, and it must include a proposed order that would vacate or modify the court’s initial ruling. The petition must also include a statement of facts and include any additional argument or information that the petitioner believes the court may not have considered. If the ruling has come from a district court, the petitioner must file the petition with the Clerk of the Court. The petition should include any new evidence or argument that the petitioner believes may alter the court’s original ruling. The petitioner is expected to pay a nominal fee when filing a petition for rehearing en banc. The court may then decide to either grant or deny the petition, depending on the strength of the argument provided. If the court rules in favor of the petitioner, the original judgement of the court will be reversed or modified.
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