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In contrast, the lower courts have no such power. For this reason, the lower courts must entertain any case properly filed, so long as the court has subject matter jurisdiction over the questions of law and in personam jurisdiction over the parties to the case. Customarily a court is granted the power by rule, statute, or constitutional provision.
Thus, by operation of law, the defendants have at least 21 days to request a stay, or file for rehearing or rehearing en banc. [ 17 ] [ 18 ] The Fourth Circuit—in response to the Virginia solicitor general's question about the mandate's timing—has stated that, per Federal Rule of Appellate Procedure 41(b) and based upon the current record ...
Reed v. Goertz, 598 U.S. 230 (2023), is a United States Supreme Court case in which the court held that, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a Section 1983 procedural due process claim begins to run when the state litigation ends.
In the Supreme Court, review in most cases is available only if the Court exercises its discretion and grants a writ of certiorari. [2] In tort, equity, or other civil matters either party to a previous case may file an appeal. In criminal matters, however, the state or prosecution generally has no appeal "as of right".
One quirk of California law is that when a party petitions the appellate courts for a writ of mandate (California's version of mandamus), the case name becomes [petitioner name] v. Superior Court (that is, the superior court is the respondent on appeal), and the real opponent is then listed below those names as the " real party in interest ".
Rehearing may refer to: In law , a rehearing is a procedure where a tribunal reconsiders a matter after previously conducting a hearing on the same matter Parties generally request rehearings by filing a " petition for rehearing" or a " motion for rehearing"
The petitioner must arrange for the lodging of the administrative record, and then, depending upon local rules, get the petition onto the court's motion calendar for a hearing and ruling on its merits by way of an ex parte application for an order to show cause or a motion for writ of administrative mandate. The superior court either holds oral ...
For example, cases may be remanded when the appellate court decides that the trial judge committed a procedural error, excluded admissible evidence, or ruled improperly on a motion. In common law jurisdictions, remand refers to the adjournment ( continuance ) of criminal proceedings, when the accused is either remanded in custody or on bail .
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related to: texas motion for rehearing instructions for civil case in california