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

Yes, parties in an appellate case in South Carolina can challenge a court’s decision through a petition for rehearing. This process allows the party who lost in the appellate court to present their argument to the court again, in hopes of changing the court’s decision. The party must file a written petition to the court to ask for a rehearing. This petition must include legal reasons why the court should reconsider their decision. The party must also present new evidence, if available. When the court receives the petition, the court can decide whether it will issue a rehearing or not. If the court decides to issue a rehearing, the petitioner must present their argument again, usually in the form of a written brief. The brief must contain a summary of the facts, the legal arguments, and a conclusion. The other party in the case can also respond to the petition with their own brief. The court will then review all of the written arguments and decide whether to grant the petition or not. If the court does grant the petition for rehearing, the two sides will present their arguments in front of the court again, allowing for a new decision to be made. If the court still denies the petition, the decision of the appellate court will stand.

Related FAQs

What types of appellate arguments are available?
What is the standard of review for an appellate court’s decision on a motion to dismiss?
How often do the appellate courts review their decisions?
What is an amicus curiae brief?
What is the appellate court’s scope of review for a jury’s factual findings?
What remedies are available for a party who loses an appeal?
What is the standard of review on a motion for summary judgment?
Are parties able to challenge an appellate court’s decision through a petition for writ of certiorari?
What is the process for filing a petition for rehearing?
How do I file a motion for reconsideration with an appellate court?

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

Related FAQs

Related Blog Posts