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

Yes, in Kansas, parties can challenge an appellate court’s decision through a petition for rehearing. A petition for rehearing is an official request made by one or both parties to the court which asks to review a decision the court made in a prior hearing. This petition must be filed within a certain time period and must include reasons why parties think the court’s decision is wrong. In Kansas, if either party is a corporation, has complex legal issues, or if the case is a non-jury matter, then the appellate court may grant a petition for rehearing. In this case, a new hearing may be held and the parties will be given an opportunity to present additional evidence or argument that wasn’t presented in the initial hearing. Rehearing petitions are relatively rare and are only granted if the court believes that important information was overlooked or that there is at least some chance that the court made a mistake. In the end, the appellate court will review the evidence and arguments and their decision stands, regardless of who requested the rehearing. If the appellate court again decides in favor of the same party, the petitioner can take the decision to the state Supreme Court and file a petition for further review.

Related FAQs

What issues can be raised on appeal?
What is the purpose of an appellate brief?
What is the standard of review on a motion to suppress evidence?
What is the difference between a discretionary and a non-discretionary appeal?
What is the process for filing a petition for writ of habeas corpus?
What types of appellate arguments are available?
What is an appellate court’s ruling on a motion to dismiss?
How do I request a change of venue in an appeal?
Can a party appeal a judge’s decision directly to the state's Supreme Court?
What is the standard of review for a motion for a new trial?

Related Blog Posts

Important Tips for Effective Appellate Law Representation - July 31, 2023
Inside the Appellate Courtroom: A Guide to Appellate Law Litigation - August 7, 2023
An Overview of Appellate Court Proceedings - August 14, 2023
Challenges of Appellate Law for Attorneys - August 21, 2023
Key Points Every Lawyer Needs to Know About Appellate Law - August 28, 2023