How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dwayne B. Your Own Question

Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 27226
Experience:  Employment Law Expert
11068102
Type Your Employment Law Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

my writ of certiorari was denied. i put in a petition for rehearing

Resolved Question:

my writ of certiorari was denied. i put in a petition for rehearing in time and wish to know what is the process in which the court rules? how long does it take to rule and can the court make the final decision to award me restitution if necessary if i win the ruling?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

What do you mean "what is the process in which the court rules"? Can you explain?

The rest of the questions I can answer.

how long does it take to rule?

There is no way to know for sure but it is usually less than thirty days.

can the court make the final decision to award me restitution if necessary if i win the ruling?

Yes, but usually they wouldn't do that. Usually if the Plaintiff/Appellant wins the case is reversed and sent back down for a new trial on all or part of the case.
Customer: replied 1 year ago.

i want to know what is the judges doing with my rehearing papers? are they going to let me know thru pacer system how they decide or what? the reason i'm asking is that i do not see the rehearing docketed yet.

Expert:  Dwayne B. replied 1 year ago.
On a motion for rehearing they usually decide based solely on what is contained in the Motion, you don't actually have a hearing on it. The court will issue a written ruling on the case which you or your lawyer should receive in the mail. Sometimes the computers don't show what has happened for a day or two afterwards because it takes the clerks a while to get the papers into the system even though they have been stamped and filed.
Customer: replied 1 year ago.

when do i tell the court how much i'm asking for for this court case? or how do they calculate my award if i win the ruling?

Expert:  Dwayne B. replied 1 year ago.
If that evidence is not already in the record then if you win they send the case back to the trial court for a trial on those issues. The Supreme Court will never allow any evidence to be introduced as to damages or anything else in that court. The evidence must be introduced at trial court and they then just review it.
Customer: replied 1 year ago.

last question. if i never had a trial during the first court, i will have to go thru about one year longer in trial in order to get justice?

Expert:  Dwayne B. replied 1 year ago.
Not usually. Usually if your case gets reversed by a higher court it gets moved up on the docket and you get to trial faster.

Had you done discovery or, if not, where were you at in the trial court?

Also, what happened to your case in the trial court?
Customer: replied 1 year ago.


my case was ruled for the defendant with prejudice meaning i couldn't sue them again for the same reason. i appealed in court of appeal and the court affirmed the decision then i went to supreme court and was denied, lastly i put the rehearing in. and it is pending. i never had a trial. i was pro se in my case. with the eeoc's ticket to sue. i'm really confused as to why this is happening to me. we did a discovery where i was in a deposition and all that.

Expert:  Dwayne B. replied 1 year ago.
Then if the Supreme Court rules and reverses the case they will send it back to the trial court and you will get ready for trial, probably in the next three months or so if you've done discovery.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 27226
Experience: Employment Law Expert
Dwayne B. and 6 other Employment Law Specialists are ready to help you
Expert:  Dwayne B. replied 1 year ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.
Customer: replied 1 year ago.

thank you i have already given u a rating. and do not want a bonus

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.
 
 
 

Related Employment Law Questions

Chat Now With An Employment Lawyer
Dwayne B.
Dwayne B.
Employment Lawyer
27226 Satisfied Customers
Employment Law Expert