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.

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