{"id":9257,"date":"2017-11-23T22:55:58","date_gmt":"2017-11-23T22:55:58","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=9257"},"modified":"2017-11-23T23:35:53","modified_gmt":"2017-11-23T23:35:53","slug":"types-of-petitions-pertaining-to-appellate-courts","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=9257","title":{"rendered":"Types of Petitions pertaining to Rehearings, Appeals, and Appellate Courts"},"content":{"rendered":"

certiorari petition<\/span> –<\/strong> (1936) A petition seeking discretionary review from an appellate court.\u00a0<\/strong> \u2014 See writ of certiorari<\/a><\/strong><\/em>. [1]<\/span><\/p>\n

petition for certiorari<\/span> – An application for a writ of certiorari<\/a>, a pleading in effect, the purpose of which\u00a0<\/span><\/strong>is to set the proceeding in motion.\u00a0<\/strong>\u00a0Hall v Hood, 121 Misc 572, 201 NYS 498<\/strong><\/span>. [2]<\/span><\/p>\n

petition in error<\/span> – A proceeding undertaken to have a decision reconsidered by a higher authority; especially, the submission of a lower court’s or agency’s decision to a higher court for review and possible reversal<\/strong> <the case is on appeal>.<\/strong>\u00a0\u2014\u00a0 aka\u00a0appeal<\/em><\/strong><\/span>; (in Scots law)\u00a0falsing of dooms<\/strong><\/span>.\u00a0\u00a0<\/em>See CERTIORARI<\/a><\/strong>. [1]<\/span><\/p>\n

petition for rehearing<\/span>:<\/span><\/strong><\/p>\n

1. A request for a rehearing.<\/strong> See rehearing<\/em>.\u00a0<\/span><\/p>\n

rehearing<\/span>:<\/span><\/strong><\/p>\n

1. A new hearing and a new consideration of the case by the court in which the suit was originally heard, and upon the pleadings and depositions already in the case.<\/strong>\u00a0 Read v Patterson<\/em>, 44 NJ Eq 21], 10 A 385<\/strong><\/span>.\u00a0 <\/span><\/p>\n

2.<\/strong>\u00a0A hearing granted by an appellate court wherein there may be presented errors of law or fact, or both, asserted to have been committed by it, to the end that it may revise its own action erroneously or mistakenly taken and modify or set aside its own judgment.\u00a0<\/strong> 5<\/strong><\/span>\u00a0Am 12d A & E \u00a7978<\/strong><\/span>.\u00a0 <\/span><\/span><\/p>\n

3. A second consideration of a motion by the court.<\/strong> 37 Am J lst Motions \u00a7 18<\/strong><\/span>. <\/span><\/span><\/p>\n

4. A reconsideration by an administrative agency of a determination previously made by it.<\/strong>\u00a0 2 Am 12d Admin L \u00a7\u00a7 520 et seq<\/strong><\/span>.\u00a0\u00a0<\/span><\/span>See new trial<\/em>.<\/span><\/p>\n

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new trial<\/span>:<\/span><\/strong><\/p>\n

1. A re-examination of an issue of fact by the trial court with a view to correcting errors which\u00a0<\/span><\/strong>have occurred in the course of the former trial.\u00a0<\/strong> State v Burns<\/span><\/em>, 312 M0 673, 280 SW 1026, 44 ALR 848<\/span><\/strong>.<\/span><\/p>\n

2. A re-examination in the same court of an issue of fact after a verdict by a jury, a report of a referee or master, or a decision by the court.<\/strong>\u00a0\u00a039 Am J lst\u00a0<\/strong><\/span><\/span>New Tr \u00a7 2<\/strong><\/span>. <\/span><\/p>\n

3. A remedy sought by motion made in the same action.\u00a0<\/strong> 39 Am J 1st New Tr \u00a7 186<\/strong><\/span>.<\/span><\/p>\n

new trial on appeal<\/span>:<\/span><\/strong><\/p>\n

1. A new trial or trial de novo with limitations.
\n<\/span><\/strong>\u00a0 \u00a0 \u00a0The normal review on appeal or by error proceeding is confined to consideration of the record below, with no new testimony taken or issues raised in the appellate court, the tendency being to limit appellate courts of final jurisdiction in their consideration of questions of facts.<\/strong> 4 Am J2d A & E \u00a7 1<\/strong><\/span>. <\/span><\/p>\n

2. The nearest approach to a complete trial de novo on appeal is in an appeal or error proceeding taken from a decree in equity, where the appellate court can make independent findings of fact, drawing its own conclusions from the evidence, but even in this instance the review is limited to a consideration of\u00a0<\/span><\/strong>the record made in the lower court.\u00a0 5 Am J2d A & E \u00a7 703<\/span><\/strong>.<\/span><\/p>\n

rehearing on appeal<\/span>:<\/strong><\/span><\/p>\n

1. See rehearing; trial de novo.<\/span><\/strong><\/p>\n

trial de nova:
\n(tri\u2019al d\u00e9 n\u014d\u2019v\u014d)<\/span><\/p>\n

1. A new trial; a new trial on appeal. 4 Am 12d A & E \u00a72<\/span>.<\/strong>\u00a0<\/span><\/p>\n

2. A trial on appeal from a justice of the peace to a court of general jurisdiction.\u00a0 3I Am J Rev ed J P \u00a7129<\/span>. <\/span><\/strong><\/p>\n

3. Trying anew the matter involved in an administrative determination the same as if it had not been heard before and as if no decision had been previously rendered, the hearing being upon the record made before the administrative agency and such\u00a0<\/span>further evidence as either party may see fit to produce. 2 Am 12d Admin L \u00a7698<\/span>.<\/span><\/strong>\u00a0[2]<\/span><\/p>\n<\/div>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

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[1]:\u00a0<\/span><\/strong>Black’s Law Dictionary <\/a><\/span><\/strong>Deluxe Tenth Edition<\/b><\/span><\/a><\/em> by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4<\/span><\/strong><\/p>\n

[2<\/span><\/strong>]:\u00a0Ballantine\u2019s Law Dictionary\u00a0with Pronunciations\u00a0<\/em><\/a><\/span><\/strong>Third Edition<\/a>\u00a0by James A. Ballantine\u00a0(James Arthur 1871-1949).\u00a0\u00a0<\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n<\/div>\n

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