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发言时间:2025-12-02 00:09:56

围绕郭文贵案的社区讨论与观点交锋。发言仅代表讨论者观点,不等同于法院认定。

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被回复发言:him*** · 2025-12-02
机器人说,上高法之前必须穷尽二巡的所有手段,所以如果有想上高法的人,好好查查机器人,看看有什么是必须在去高法之前,先要做完的步骤。
发言原文
这个提醒太及时了! 1. File a Petition for Panel Rehearing You can ask the original three-judge panel that issued the decision to reconsider its opinion. The purpose of this petition is to bring to the panel's attention any material errors of law or fact that resulted in an incorrect decision. Grounds: You must point out specific mistakes, such as a misstatement of material facts or an error in the application of the law, that caused the wrong outcome. Timing: This petition is typically due within 30 days after the entry of the judgment or opinion (45 days if the United States or a federal agency is a party). Note: You should not use this petition simply to re-argue the case or issues that the court already considered and rejected. 2. File a Petition for Rehearing En Banc You can simultaneously or in a single document ask that the case be reheard by all active judges of the circuit court (known as an en banc rehearing). Grounds: This is not favored and is usually only ordered if the case involves a question of exceptional importance, or if the panel's decision conflicts with a decision of the Supreme Court or the circuit court's own precedent. Timing: This petition follows the same time limits as the panel rehearing petition. The Court of Appeals will rule on these petitions. Both are rarely granted, but they are necessary steps in exhausting your remedies. The court may deny the petitions, modify its previous decision, or, if granted, vacate the previous opinion and schedule a rehearing.