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

In Kansas, a Petition for Rehearing En Banc is when a party to a case appeals to a higher court to have their entire decision reheard. This can be done when the court of appeals has rendered a decision that one or more parties to the case may not agree with. To file a Petition for Rehearing En Banc, the party must first obtain the court’s permission in the form of a petition. The petition must set forth the reasons why the party believes a rehearing en banc is necessary. These reasons must be based on an issue of fact or legal error made in the court’s initial decision. The party must then serve the petition to those affected by the decision. The parties may submit written briefs to the court in support of their position. If the court grants the petition, it will schedule an en banc hearing. During this hearing, the parties will present arguments orally and in writing for review by the court. At the conclusion of the proceedings, the court will issue a new decision. It is important to note that filing a petition for rehearing en banc is not guaranteed to be successful. The court may reject the petition and the original decision will stand. However, it is still important for parties who wish to challenge a decision to consider filing a petition for rehearing en banc in order to ensure that the issue is properly reviewed.

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