What is the procedure for filing a petition for rehearing en banc?
In Nevada, a party that is unhappy with the decision from the court of appeals has the option to apply for a petition for rehearing en banc. This is a request for the entire court of appeals panel to rehear the case. This is different from the standard rehearing, which is heard just by the regular panel. To file a petition for rehearing en banc, a party must provide written notice to all other parties in the case urging them to consent to the rehearing. Once the other parties have been notified, the party must file the petition for rehearing with the court of appeals clerk. The petition must identify the specific issues for which the party is asking for reconsideration and how the opinion affects the party’s substantial rights. The court has discretion to decide if it will accept the petition for rehearing en banc. Usually, the court will grant a petition if it believes the caselaw needs clarification or if there is a conflict among the decisions in similar cases. The court can also deny the petition for rehearing en banc without explanation. If the court of appeals grants the petition for rehearing en banc, the entire court panel will rehear the case. A decision will be issued after the panel has considered the arguments presented by all parties. If the decision is not favorable, the losing party can appeal to the Supreme Court of Nevada.
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