An Illinois Petition for Rehearing is a legal document filed with the court to request a rehearing of a case that has already been decided. It is typically used by a party who disagrees with the court's ruling and believes they may be able to persuade the court to change its decision. The party filing the petition must explain why the court should reconsider its ruling and provide arguments or evidence to support their position. The court may grant or deny the petition for rehearing, or the parties may come to an agreement without the court's involvement. There are two types of Illinois Petition for Rehearings: a Petition for Rehearing on the Merits and a Petition for Rehearing on the Record. The Petition for Rehearing on the Merits is used to ask the court to reconsider its ruling based on factual and legal arguments, while the Petition for Rehearing on the Record is used to ask the court to reconsider its ruling based solely on the evidence or record that was presented in the original case.
Illinois Petition for Rehearing
Description
Key Concepts & Definitions
Petition for Rehearing: A formal request submitted to a court asking to reevaluate its decision, usually due to the emergence of new evidence, errors in the application of the law, or other substantial reasons. This is common in both civil and criminal cases within the United States.
Step-by-Step Guide to Filing a Petition for Rehearing
- Identify the Basis: Determine if new evidence, legal errors, or other substantive reasons exist to file for a rehearing.
- Check the Court Rules: Review the specific courts rules regarding timelines and formatting for filing a petition for rehearing.
- Prepare Your Document: Draft the petition clearly stating the grounds for rehearing and supporting legal arguments or evidence.
- Submit the Petition: File the petition within the deadline set by the courts rules, usually within a short time frame post the original decision.
- Serve the Petition: Legally serve a copy to the opposing party, allowing them the opportunity to respond.
- Attend Hearings: Be prepared to attend further hearings if the court accepts the petition.
Risk Analysis
- Rejection Risk: High probability of rejection unless substantial new evidence or clear legal errors are demonstrated.
- Further Appeal Delays: Filing a petition might delay further appeals or other legal remedies.
- Additional Costs: Possible incurring of further court and attorney fees.
Key Takeaways
Understanding the correct procedure and legal bases for filing a petition for rehearing can significantly influence the outcome. Ensure compliance with court-specific rules and deadlines to enhance the chances of a successful petition.
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FAQ
P. 40(b); 35(b)(2) & (3). A petition for rehearing and/or rehearing en banc must be filed within 14 days after entry of judgment unless the time is shortened or enlarged by order.
A petition for rehearing asks the Court of Appeal to hear ? or consider ? the case again and correct a legal mistake in the court's opinion. Generally, the court only agrees to a rehearing if the mistake is a major error of fact or law, or if an important argument was not included in the court's decision.
An appeal by the United States must be filed within 30 days after entry of judgment or within 30 days after filing of a notice of appeal by the defendant.
Parties can seek panel rehearing, rehearing en banc, or both panel and en banc rehearing. Panel rehearing means that only the panel of three judges that issued the original decision reconsiders the case. Rehearing en banc means that the full court (or an en banc panel) reconsiders the case.
Any answer must be served and filed within 8 days after the order is filed unless the court orders otherwise.
A petition for rehearing asks the Court of Appeal to hear ? or consider ? the case again and correct a legal mistake in the court's opinion. Generally, the court only agrees to a rehearing if the mistake is a major error of fact or law, or if an important argument was not included in the court's decision.
You may bring a motion to reconsider within thirty days if the court has made an error in applying the law. Therefore, a motion to reconsider is not a weapon to be used to change the court's mind. It is a tool for the rare instances where new evidence comes to light, the law changes, or the court has made a mistake.
Rehearing en banc means that the full court (or an en banc panel) reconsiders the case. In addition, the parties may petition for initial hearing en banc (that is, before the panel has made a decision) as long as the petition is filed before the appellee's brief is due. and/or undertake en banc review.