What is the process for filing a motion for reconsideration of an appellate court’s decision?
Filing a motion for reconsideration of an appellate court’s decision in Nebraska is the process of asking the court to review its own decision and potentially overturn or modify it. The process begins with a motion, which must be filed with the appellate court that issued the decision within 15 days after the decision was released. The motion should include the reasons why the court should reconsider its decision and, if possible, provide facts or law that it should consider that were not included in the original decision. The court is not required to consider the motion and can deny it without making a ruling on the merits of the case. However, in some cases, the court may choose to grant the motion and either hold oral argument or decide the motion based on the pleadings and record. If the court grants the motion, the appellant may have the opportunity to file a brief and present arguments or evidence in support of their claims. The court will then review the arguments and evidence, decide the motion on the merits, and issue a written opinion.
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