“Can I ask the Court of Appeals to reconsider its decision?”
At Ciyou & Dixon, P.C. we have a firm command of the art and practice of appeals. For this reason, even with a less than optimal outcome on appeal, we take a guarded position as it relates to filing a Petition for Rehearing.
In essence, a Petition for Rehearing is a request made in motion format for the same court, the Indiana Court of Appeals to reconsider its “Memorandum Decision” or “For Publication” decision. Statistically, only a handful of Petitions for Rehearing are granted each year.
While there may be sound legal and tactical reasons for seeking this relief, we believe this legal tool should be utilized in limited situations. Again, our philosophy is a cookie-cutter approach is not one well suited to any significant litigation.
That said, where we would advocate a Petition for Rehearing, given the time and money this involves, is if the United States Supreme Court, Congress, or Legislature, or different panel of the Court of Appeals recently adopted a different position or law.
In addition, this course may make sense if there is significant error in the case, such as a mathematical error, which is a rare case given the careful screening of the Indiana Court of Appeals with the decisions it hands down.
Nevertheless, a Petition for Rehearing may be appropriate in a very small number of cases and should always be considered in any comprehensive review of a decision of the Court of Appeals. Importantly, a Petition for Rehearing, if denied, still allows the filing party to then file a Petition for Transfer in the Indiana Supreme Court.
If the Indiana Supreme Court grants transfer, it typically relies on the briefing below and record, along with the petitions and replies filed in response. However, it has the inherent discretion to require other briefing.
If the issue is important enough, third parties may seek to file briefs on the policy at hand. These are called amicus curie briefs. The are not typical, but are somewhat frequent in cases that reach the Indiana Supreme Court.
Ciyou & Dixon, P.C. will advise a client of all potential legal measures that may be taken, after an adverse decision by a trial court and may be challenged in the following ways:
- Motion to Correct Errors.
- Appeal (started by filing a timely Notice of Appeal, previously referred to as the Praecipe).
- Petition for Rehearing.
- Petition for Transfer.
In a statistically small percentage of cases, even though there is a potential right in every case to be taken to the highest court, despite denial of transfer, Ciyou & Dixon, P.C. is cognizant there is the right to seek appeal to the United States Supreme Court.
This must be done within ninety days, although it is a very infrequently used tool. Nevertheless, it is one of many your Ciyou & Dixon, P.C. counsel may discuss with you in the right circumstances. This is our tried approach and philosophy.
In the modern computer era, appellate briefs and decision are available online. If you are considering an appeal and retaining counsel, Ciyou & Dixon, P.C. submits you should use these tools to educate yourself about the process and what you expect of your appellate advocate. Then if you desire, we will consult with you about handling your important matter.
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