How do I file a petition for rehearing on an appeal?
In Maryland, there are four main steps to filing a petition for rehearing on an appeal. First, the petitioner must fill out the necessary paperwork. This includes providing official court documents, such as the Certificate of Appeal, and a document outlining the reasons why the petitioner believes the Court of Special Appeals erred in its decision. The documents must be filed with the Clerk of the Court of Special Appeals within forty-five days of the date of the original Court of Special Appeals judgment. Second, the petitioner must serve a copy of the paperwork on all parties or their lawyers. This is typically done by certified mail. If the petition includes new evidence or issues that were not part of the appeal, the petitioner must also provide the opposing party with copies of these documents. Third, the Clerk of the Court of Special Appeals will assign a panel of three judges to re-examine the case. These judges will then decide whether or not to grant a petition for rehearing. Finally, if a petition for rehearing is granted, the Court of Special Appeals will review the case and issue a new decision. This new decision will either approve or reject the petition for rehearing, and will be the final ruling of the court. In sum, if you would like to file a petition for rehearing on an appeal, you must first fill out the necessary paperwork, serve copies of the documents on all parties, and wait for the Court of Special Appeals to assign a panel of judges. If the petition is granted, the Court of Special Appeals will issue a new ruling.
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