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

In Nebraska, parties are able to challenge an appellate court’s decision by filing a Petition for Rehearing. This is a formal request to the appellate court for a reconsideration of its decision. The Petition for Rehearing must be filed within 30 days of the appellate court’s ruling and must specify why the court should reevaluate its decision. Generally, the Petition for Rehearing must be based on procedural or legal grounds. In Nebraska, a party cannot ask the appellate court to reconsider its decision based on new evidence. The appellate court does not consider evidence that was not presented at the trial. Additionally, appeals courts usually do not alter its decision unless a legal error or procedural mistake was made. If the appellate court grants the Petition for Rehearing, the court may either rehear the case and issue a new decision, or may suggest that a new trial be held. If a new trial is suggested, the parties may either agree to a new trial or the appellate court may dismiss the case. It is important to note that the appellate court grants Petitions for Rehearing very rarely. In most cases, the court will not grant a rehearing, and its original decision stands. Therefore, a Petition for Rehearing should only be filed when there is a strong legal basis for one.

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

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