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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 33555
Experience:  Employment Law Expert
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my writ of certiorari was denied. i put in a petition for rehearing

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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?
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 4 years 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.

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 4 years 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?

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 4 years 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?

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 4 years 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.

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. and 5 other Employment Law Specialists are ready to help you
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 4 years ago.

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

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