What is the procedure for filing a petition for rehearing en banc?
In Nebraska, the procedure for filing a petition for rehearing en banc is relatively straightforward. First, a party must file a written petition for rehearing en banc in the Nebraska Court of Appeals within 14 days of the court’s decision. The petition must be accompanied by a certificate of service that shows the other party has been served with the petition. The party filing the petition must also submit a proposed order of rehearing en banc. The proposed order must include the names of the parties and the title of the case and must direct the parties to file briefs at a designated time. In addition, the party must also submit a proposed argument on the merits of the case. This argument must include the facts and legal issues raised in the case and must be accompanied by supporting legal authority. The Court of Appeals considers all petitions for rehearing en banc. If a majority of the judges agree that a rehearing should be granted, the court will enter its order for rehearing. Once the order of rehearing is issued, the parties may submit additional briefs and may present oral arguments at the hearing. After the hearing, the court will issue a ruling on the petition.
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