Are parties able to challenge an appellate court’s decision through a petition for writ of certiorari?

Yes, parties are able to challenge an appellate court’s decision through a petition for writ of certiorari in Nebraska. A writ of certiorari, also known as a petition for discretionary review, is a legal document that is filed with a higher court and gives the higher court the power to review a decision made by a lower court. In Nebraska, a writ of certiorari is an extraordinary right that the court may accept or reject. The most common reason for filing a certiorari petition is that a party believes an appellate court made an error in its decision, and they want to challenge it in a higher court. It’s important to note that certiorari petitions are not the same as appeals. An appeal is a review of the lower court’s decision, not the appellate court’s decision. If a party wants to challenge an appellate court’s decision in Nebraska, they have to file a petition for writ of certiorari with the state Supreme Court. This petition must include a written argument as to why the decision should be overturned and provide a summary of the facts that led to the appellate court’s decision. The Supreme Court may decide to grant the petition if it believes the decision was incorrect. If the Supreme Court denies the petition, then it cannot be appealed and the original decision stands.

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